non payment of service charges, what does this mean?

[woodchip35]

Following on from a non payer of service charge and insurance question, what does this term mean, within the lease?

IF the said rents or any part thereof shall at any time be in arrear and unpaid for twenty-one days after the same shall become due (whether any formal or legal demand therefor shall have been made or not) or if the tenant shall at any time fail or neglect to perform or observe any of the covenants herein contained and on the part of the tenant to be performed or observed then and in any such case it shall be lawful for the landlord or any person duly authorised by the landlord in that behalf to re-enter the flat or any part thereof in the name of the whole whereupon the term hereby created shall cease but without prejudice to any right of action or remedy of the landlord in respect of any antecedent breach of any of the covenants by the tenant hereinbefore contained.

[Gordon999]

Your conveyancing solicitor should have explained the meaning before you signed the purchase contract of your flat. The clause gives the right and the power to the landlord/lessor to enter you flat and forfeit your lease if you fall into arrears on ground rent or service charge payments or fail to comply or observe the lessee convenants in the lease.
You should notice the clause wording states that arrears can arise whether the ground rent or related cost are FORMALLY OR LEGALLY DEMANDED OR NOT.

[jeffrey]

Your conveyancing solicitor should have explained the meaning before you signed the purchase contract of your flat. The clause gives the right and the power to the landlord/lessor to enter you flat and forfeit your lease if you fall into arrears on ground rent or service charge payments or fail to comply or observe the lessee convenants in the lease.
You should notice the clause wording states that arrears can arise whether the ground rent or related cost are FORMALLY OR LEGALLY DEMANDED OR NOT.
But the proviso is subject to various statutory protections for T. In particular, ground rent is not treated as due unless:
a. L does send a formal demand; and
b. that demand complies with s.166 of the Commonhold and Leasehold Reform Act 2002.

[andydd]

Your conveyancing solicitor should have explained the meaning before you signed the purchase contract of your flat. The clause gives the right and the power to the landlord/lessor to enter you flat and forfeit your lease if you fall into arrears on ground rent or service charge payments or fail to comply or observe the lessee convenants in the lease.
You should notice the clause wording states that arrears can arise whether the ground rent or related cost are FORMALLY OR LEGALLY DEMANDED OR NOT.

Surely the re-entering and forfeiture can only take place after the Warning > LVT Application > Law Of Property Act (S. 146) process has taken place ?

[woodchip35]

Sorry, i am the landlord and the tenant has not paid a small service charge or insurance as detailed in the lease.
Due to this clause I can legally enter their flat and take posession (as way over 21 days and two demands have past) ?

[dominic]

In a word, no.

Or... not yet. And almost definitely no in any event if the amount owed is less than £350.

[Rallysally]

Go for it! - Kick the door down and tell them to sling their hook!

Its all yours now!!!

.....or rather don't!

[andydd]

Sorry, i am the landlord and the tenant has not paid a small service charge or insurance as detailed in the lease.
Due to this clause I can legally enter their flat and take posession (as way over 21 days and two demands have past) ?

As a landlord you should have a basic grasp of UK Law regarding such matters, or at least quickly employ a solicitor, entering the flat as it stands and you risk being arrested !

Repossing a property is a long drawn out affair and in reality very rarely happens.

Andy

[Gordon999]

Sorry, i am the landlord and the tenant has not paid a small service charge or insurance as detailed in the lease.
Due to this clause I can legally enter their flat and take posession (as way over 21 days and two demands have past) ?



Write to the tenant"s mortgage bank lender and ask for payment of service charge and share of building insurance . You get the mortage lender's address details from Land Registry by buying a copy of the leasehold title and look for charge holder.