The FTT has handed down a judgment in your favour and the leaseholder is liable to settle their service charge arrears and associated costs. But how do you enforce the payment? Securing the judgment is one thing – recovering the arrears can be another entirely..
This was a situation facing a Brady Solicitors client recently. Their in-house team had secured a judgment back in early 2012 for a relatively small sum of service charge arrears. In the intervening three years they had however been unable to get the leaseholder to settle the debt – despite the court order for payment.
Equally frustrating was the leaseholder’s continuing refusal to pay the subsequent service charge demands. This meant that the sum in question was now becoming quite substantial and causing the managing agent significant time and hassle.
Five-week turnaround for arrears recovery
A quick call to Brady Solicitors, and Sam Andrews in our service charge litigation team was straight on the case. Sam drafted and issued a Section 146 Notice, leaving the leaseholder (and their mortgage lender) in no doubt as to the need to settle their arrears.
Sam’s legal expertise ensured that our client received payment of both the existing and new arrears, plus all the legal costs, and the whole enforcement process took just under five weeks.
Following our involvement, the leaseholder is now far less likely to default on his service charge payment in the future.
Our message to frustrated managing agents?
Getting the judgment is only half the battle. If you’re struggling to convert a service charge arrears judgment into payment, talk to Bradys (the sooner the better!) – and we can help you get over the finishing line.