My leaseholder refuses to pay and may be bankrupt

[learner]

advice needed,as a new freeholder who is having problems getting a leaseholder to pay arrears or even respond to my requests.can i apply for forfieture if he is an undischarged bankrupt. and wot can i do if he has started the sale process.thank you

[jeffrey]

advice needed,as a new freeholder who is having problems getting a leaseholder to pay arrears or even respond to my requests.can i apply for forfieture if he is an undischarged bankrupt. and wot can i do if he has started the sale process.thank you

1. Assuming that the freeholder is you, your rights are defined:
a. in the lease; and
b. by statute.
2. Read lease.
3. If leaseholder is in default, you can take proceedings. You will need to serve a Letter before Action, as last warning.
4. If there is a mortgage secured on leasehold, write to mortgagee (lender) too. It will have power to clear the arrears and protect lease from threat of forfeiture.
5. Subject to all of that, and to s. 167-171 of Comonhold and Leasehold Reform Act 2002, you may be able to bring forfeiture proceeedings.
6. Everthing served on leaseholder should also be served on Trustee in Bankruptcy. Trustee may confirm that you do not need to serve on Bankrupt himself- depends if property is in one name or two.
7. If property is up for sale, notify estate agents too and try to get V's solicitors' undertaking that they will clear all arrears on completion.