How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

I have recieved a notice of possesstion proceedings for

This answer was rated:

Hi I have recieved a notice of possesstion proceedings for forfeiture of lease in regards ***** ***** ground rent £100.00, £10 every 6 months for 5 years.
I am to appear in court unless £100.00 ground rent, £360 admin, £280 court fee, £9.00 disbursements, £1500.00 legal fees are paid totaling £2249.00.
i have always paid the ground rent but following a traumatic relationship split i moved and let this property out.
it has completely slipped my mind to inform e&m estates mangment who collect the rent of behalf of the leaseholder that i have moved address, and have not heard anything until i recieved this through my mortgage lender as they had forwarded it to them.
Paying ther ground rent is not a problem and some charges i understand, but this seems unreasonable to me that i stand to lose my property for £100 as i do not and cannot raise £2,249 in 7 days.
Is there anything i can do? do i have any grounds to try and set this demand aside? or do i take my chance at court?
Any advise be good, thanksyou
alison bates
Hello Alison my name is ***** ***** I will help you.
Did they ever write and notify you that it was late please?
Customer: replied 2 years ago.
Hi after a conversation with the solicitors j b leich he explained he sent all formal notices and s146 to the property in question. The problem is I never received them as I now let that property. So I never received them, I have received this through my lender who they have sent all these details to.
Have you given them an address for service? Did your tenants not give you the notices?
Customer: replied 2 years ago.
i had problem teneants and have just evicted them through court and sectionn 21, so nothing ever given to me. unfortunetly i never forwarded my new address to them , i have to everyone else except these.
the problem is im in arrears on mu mortgage as tenants didnt pay for a number of month and costs to evict which isnt a quick procedure.
i have sorted this out with the lender and have come to an arrangment with them, now this, im worried what impact this will have and to add another £2,249 to the arrears im afraid it is unaffordable and unable to make a new arrangment with them and they will go for possession also, all for £100 ground rent!
Customer: replied 2 years ago.
sorry the above answer may sound confusing. no i didnt recieve anything from tenant, as problem tenants and i forgot to change address with leaseholder, is there anything i can do ?
Its bad news then I am afraid. You are liable for the costs etc. What you can do is agree to pay the sums and go before the Court and say that. You may be able to ask the Judge to assess the costs as they seem unfair. Depending on what is in your lease the Judge may do this.
But in any event the costs seem high and should be subject to some sort of assessment.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
How do i go about accepting the costs, and ask the judge to assess? do i inform court before i attend, or do i attend? is ther certain forms i need to fill in? jd leich said that if i do not send in writing to them my intention to pay before the court date and attend court, i will incur furthur legal costs from them, and i am worried this£2,249 bill may double, it seems like a gambling game can they do this? i accept it is my responsability to inform them of address changes and i am willing to pay ground rent plus costs, but reasonable ones. thankyou for advice can you please claify these points so i can decide if to attend court or not.
You can inform the Court before you go, there are no additional forms. Sadly it is a gamble, so you can either refuse and ask the Court to assess and risk the costs going up.
Litigation is a risk, there is no guarantee sadly.
Does that clarify?
Customer: replied 2 years ago.
Finally what are my chances of the costs being assessed lower? does it usually happen in your opion or is it very rare? taking into consideration my attendance at court and jd leich legal fees for the day on their behalf. thanks
In reality its 50/50 - I have known costs higher not be assessed. I think you may be worse off sadly.
Ash and other Law Specialists are ready to help you