No Win No Fee Litigation - Arrears Collection
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Definitions
Demand in accordance with the lease...(read more)
- means that if the lease provides for a service charge estimate to have been provided, such is provided before the start of the financial year or as specified in the lease
- if the lease does not provide for supplementary or emergency demands to be made that none have been
- money must have been demanded in accordance with the due dates set out in the lease
- where a lease does not provide for advance collection the quarterly or yearly collection in arrears must have been justified with supporting vouchers if stipulated in the lease
- service charge accounts must have been provided to the lessees as required by S21-28 of the 1985 Act and accounts are in the format stipulated in the lease (audited or certified by a chartered surveyor or certified accountant)
- any balancing charge has been credited or debited to lessee(s) if stipulated in the lease.
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All members of Leaseholder Support.co.uk can instruct Ringley's Legal Services Team to litigate against the service charge and ground rent arrears on a no-win, no-fee basis.
To benefit from this service
- The debt must have accrued after you became a Leaseholder Support.co.uk member.
- No-Win, No-Fee arrears litigation is available to both members and subscribers provided their subscription fees are fully paid up.
- The service charge and/or ground rent must have been demanded in accordance with the lease.
To instruct us simply provide:
- A copy of the lease must be provided on instruction
- A copy of the service charge budget(s) covering the period in which the debt accrued must be provided
- If the property is not administered by Leaseholder Support.co.uk then the Freeholder/Management Company 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.
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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. There is no charge for option (b).
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 that the Landlord's costs of preparing a case for tribunal become a recoverable service charge item. 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 usually 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 and let us support you with the legal administration of your block.
