What is a rent arrears dispute?
A lease determines what is payable in terms of rent and service charges to a landlord. If a tenant falls behind on these payments, they are deemed to be in arrears. Various disputes can arise in relation to both rent and service charges, including whether these are properly payable to the landlord.
For example, it is possible to claim that a residential service charge is not payable as a result of the statutory controls implied in residential leases. It is therefore important to take specialist advice should you find yourself in arrears of rent or service charge, or should your tenant fall into arrears.
There are complex rules in relation to the recovery of residential service charges and rent. We therefore recommend getting in touch with our specialist team of Property Disputes solicitors for guidance and advice.
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Rent & Service Charge Disputes FAQs
Can Rent Arrears be written off?
It is possible to write off rent arrears; however, we recommend seeking legal advice before doing so
What happens if you can't pay Rent Arrears?
If you cannot pay rent arrears then you are at risk of being taken to court for possession proceedings or a debt claim.
Can you take a tenant to court for Rent Arrears?
Yes, you can take a tenant to court for rent arrears including seeking possession of the property.
However, in a long residential lease, there are certain restrictions on the use of forfeiture (seeking possession). We therefore recommend taking specialist legal advice.
Can Service Charges be Disputed?
You can dispute a service charge if your landlord is charging you for work which is not within your lease.
You can also challenge the validity of the service charge demand based on the relevant information not being provided within the relevant time.
Alternatively, you may have a claim as to the reasonableness of the service charge incurred.
How do you challenge a Service Charge increase?
You can ask the First Tier Trubunal to determine the amount of service charge payable.
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Our specialist team of solicitors take a personal approach to working with our clients to help provide peace of mind knowing your case is in the hands of professionals.
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About Ellis Jones
Our specialist team of solicitors take a personal approach to working with our clients to help provide peace of mind knowing your case is in the hands of professionals.
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