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seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience:  3 year qualified solicitor with expertise in UK taxation.
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I have a property that is rented out, this property makes up

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I have a property that is rented out, this property makes up a total of seven flats in a converted building, every year we have issues with the management Company trying to claim unreasonable service charges, on an average it's approx £200.00 per month, they are claiming money from all the leaseholders for redecoration, cleaning of communal parts etc nothing has been done at the property in years and the cleaning of communal parts is being done by the residents as there is no cleaner. All leaseholders are now setting up a right to manage. But nonetheless there is a court case pending from last year to have a judgement set aside, I am just waiting on a court hearing date, every year the management agent instruct a firm of solicitors whom also charge unreasonable fees, I have today received a letter saying they are going to begin forfeiture proceedings. What can be done to stop this ?
seanferguson13 : HiThis is a notoriously complex area of law. However to summarise the option you will need to adopt will depend on the approach taken by the landlord.Relief from forfeiture is a discretionary remedy that is available to a tenant or any third party with an interest in the lease after a landlord has exercised its right to forfeit the lease.A tenant can apply for relief from forfeiture as soon as the landlord is proceeding with the forfeiture. A landlord will be proceeding with the forfeiture as soon as a section 146 notice has been served, if a section 146 notice is necessary (I'll come back to this). A landlord "is proceeding" by either of the following actions:By bringing proceedings, until such time as it has taken back possession of the property by virtue of a court order.By way of peaceable re-entry, the landlord is considered to be proceeding until the tenant is out of time to issue a claim for relief from forfeiture.The application for relief from forfeiture can be made:In a counter-claim in a defence by a tenant or a third party against a landlord's claim for forfeiture of the lease (if there is one).In a claim form by a tenant or a third party who has a right to relief, such as an undertenant, or a mortgagee. If the landlord has peaceably re-entered the property, the application must be made by separate proceedings.The object of the court when granting relief is to put the landlord and the tenant back into the position in which they would have been if there had been no forfeiture.The landlord can only peaceably re-enter the property if you have not paid rent or breached your covenants. However, it must issue a section 146 notice:(a) specifying the breach(b) requiring the tenant to remedy the breach (if applicable)(c) requiring the tenant to pay monetary compensation.Even then, peaceable re-entry is still not an option unless the tenant has failed to:(a) remedy the breach within a reasonable time (if applicable); and/or(b) pay reasonable satisfaction.If you have not breached your lease then the Landlord has no cause of action.Hope this helpsSean
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