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vivR
23-04-2008, 17:45 PM
I own a leasehold masionette, and have been paying my ground rent and service charges regularly. There are 2 semi-annual payments every year. Some of it is paid in arrears.

Last year, I got the ground rent invoice separately, which I promptly paid, but did not receive a service charge invoice. This meant that I failed to pay the half-yearly service charge (of about £220) by 1st April 2007.

I got some further letters from the property management company ("company") regarding some maintainance work etc, but never received any notice of owed payments.

In Aug 07, I received a letter from a a law firm, claimed to be acting on behalf of company, demanding to pay the service charge plus a £106 legal fees. The letter further stated that if I did not pay within a week, this amount shall go up to £146. At this juncture, I had received no communication from the company informing me that there was a payment due on my behalf.

I contacted the company, asked them to send me an invoice, and I settled this promptly. (The invoice they sent was without the legal fees).

The legal fees (of £146, not even the £106!) has re-appeared in my latest invoice. The company insist that I owe them the legal fees.

I do not dispute that I owed the £220 to the company during Apr-Aug 2007.

Had I been informed about this amount, I would have paid it. The company made no attempts to contact me before allegedly paying £146 to this law firm.

My lease agreement specifically has a clause dealing with any late payment, that allows the company to charge me an interest (Natwest Bank rate + 4%) for any delayed payments. I would be OK with a

Do I need to pay this legal fees? What should I do? Please advise.

jeffrey
24-04-2008, 11:50 AM
1. L has to comply with various Acts of Parliament (e.g. s.18-30 of LTA 1985 re service charge costs). Has it complied?
2. L cannot demand variable admin. charge unless it complies with s.158 of 2002 Act. If legal fees are within that, has it complied?