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No_win_no_fee_litigation

No Win No Fee Litigation -
Arrears Collection


No_win_no_fee_litigation No Win No Fee Litigation - Arrears Collection

You can't collect it unless you demand in accordance with the lease

  • adhere to statutory consultation procedures for any big works
  • include the prescribed notes on the demand
  • state the service address of landlord
  • present service charge accounts to all leaseholders, and in time
  • demand it too late because of the 18 month rule
  • serve accounts late and now cannot collect the deficit
  • demand
  • polite reminder
  • final notice
  • pre-action letter to correspondence address
  • pre-action letter to the property

All BlockCare members of Leaseholder Support.co.uk can instruct Ringley's Legal Services Team to litigate the service charge and ground rent arrears on a no-win, no-fee basis.(provided it has been demanded in accordance with the lease)

To be eligible

  1. The debt must have accrued after you became a Leaseholder Support.co.uk member.
  2. No-Win, No-Fee arrears litigation is available to all Blockcare100, Blockcare200 & Blockcare300 provided their subscription fees are fully paid up.
  3. The service charge and/or ground rent must have been demanded in accordance with the lease.

To instruct us simply provide:

  1. A copy of the lease
  2. A copy of the service charge budget(s) covering the period in which the debt accrued
  3. Unless you are on Blockcare300 you must be able to show an audit trail of payments being received into a trust or client account, and ledgers for each of the individual properties.
  4. a cheque to cover the court fee

    up to £300£30
    £300.01 - £500£50
    £500.01 - £1,000£80
    £1,000.01 - £5,000£120
    £5,000.01 - £15,000£250
    £15,000.01 - £50,000£400

What if the case needs to go to Court or Leasehold Valuation Tribunal(LVT)

The no-win no-fee litigation service includes all casework. Less than 1% of cases proceed to hearing. If you are unlucky and your case proceeds to hearing you can choose to (a) appoint a barrister or (b) our Solicitor.

Please note that in some circumstances cases may be referred by a County Court to the Leasehold Valuation Tribunal, while this is rare presenting the full case as to the reasonableness or recoverability at Tribunal does not form part of this service. However, under S27A of the 1985 Act the tribunal will consider a Landlord's application and the costs of preparing a case will become a recoverable service charge item if the lease allows. Unless the tribunal consider omissions or culpability on the Landlord's part and/or receive a tenant's application to limit costs under S20C such applications under this head are often successful.

If you are unsure about whether you are demanding service charges in accordance with the lease, then perhaps you should consider upgrading your membership to Blockcare300 so we manage this risk not you.

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