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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 15262
Experience:  Solicitor
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Ed advice. In 2017 my leasehold flat was repossessed by the

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ed advice.
In 2017 my leasehold flat was repossessed by the doiwnstairs leasholder after they obtained a full charge on my flat for damage they said was due to my flat bathroom,leaking in there property.
this was disputed but they obtained a court warrant and repossessed the flat .
on the day of eviction,after consulting a solicitor i agreed to pay the sum owning to the downstairs owner solictor who agreed to give me possession back of the flat once the ballifs cost plus hus cost aswell as the cosr to repair tge leaks in my flat were paided.
After a year of possession the downstairs leasholder  solictor sent me abill for 18000 ,which included all repair bills made to my flat and there flat plus cost.
now  in 2019 they are selling the flat as they want the full amount owning with cost and returnung me the balance.
throughout this time i have continued to pay the mortgage and service charges.
​​​​​​​need advice asap
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No,just need advice as to were i stand
Assistant: Where is the leasehold located?
Customer: Leytonstone
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 3 months ago.
Thanks for response,
Were do i stand legally as i dont have thousands for a lawyer to fight case, am i entitled to get my property back,or will it cost me more in the long run if the otherside fight case.
Regards rm

They had a Court order to take possession?

Customer: replied 3 months ago.
Yes .
The day bf eviction i tryed to liase with solictor to negiote a settlement ,which was 4300 which he was not willing to settle.
I attended court on the the day of eviction,but the judge refused my application granting the eviction of the flat.
On that day i was advised to pay the sum owninng in the order of 4300 to the owner of flat beneath mine solictors,which ij did .
The followning day i.advised the solictors i had paided amount owned in the judgement.
The solictiors advised me that he would hand back flat once works which they did were carried by them plus costs and ballifs fee.
After a year they carried out work in flat ,to repair leaks.
They presented me with a 18800 bill including 2018.
Now they wishvto sell flat to pay there cost mortage ,whats left yo mne.

Ok - you can't get it back. It doesn't belong to you.

But the good news is though if they sell it, the mortgage will be discharged. The fact you have made payments reduces that sum.

Then you are entitled to the balance.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
Even though i paided the amount owning on the day of eviction.

But if they took possession you should have reapplied to Court.

You don't have actual possession. You should have gone back to Court.

Does that clarify?

Customer: replied 3 months ago.
Not really.
Do i need a direct barrister to go back to court to get possession,or this not worth it

You can try. But you were repossessed. Any agreement to repay mortgage came to an end.

I am sorry. You have waited 2 years to deal with this when the law states you had 28 days.

You will simply be out of time. I am so sorry.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.

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