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  • Legal FAQs

    Legality of late payment charges

    I will try to explain this the best I can

    A friend of mine bought a property at auction 3 years ago which had 7 years of outstanding service charge and ground rent payments against it. In the special condition it stated these would not be paid by the seller and would need to be paid by the  buyer. Buyer was happy with this and big accordingly.

    Now 3 years later my friend has just heard from the landlord for only the 2nd time since owning it demanding the late payments.

    Along with 150 a year for debt recovery... nothing proactive has been done

    And 2500 interest at 8% covering each year separately. Which seems excessive

    Friend knows the debt needs paying but as the freeholder has never sent the demand with the correct paperwork that is required by law has refused to pay so far, knowing that they will have to pay it when the landlord serves the demand correctly.

    My question is as the demand has never been sent properly, are any of the fees actually payable? As they are based on an illegal demand?

    Hope that made sense?
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    I would say no.  they need to serve invoices properly.  the charges/ fees are just a scare tactic.  suggest make a without prejudice offer.

    also speak to LEASE for advice.

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    This has been reported to me as a duplicate thread.

    The other thread has 11 responses, therefore, to avoid confusion, I am closing this one down and invite you to continue the conversation on the open thread:

    Legality of late payment charges

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    general operations director, site owner and moderator - propertytribes.com