Hi folks I really hope someone on here can help me out as I'm in somewhat of a pickle.
I am a landlord and owner of a leasehold property containing 2 tenants in a rolling contract.. Ast was 6 months they have lived in for 8.
I've owned the property for 6 years and 2 years ago saw the start of a very long and draining court case. I was taken to court for failure to pay service charges; the case is somewhat complex but consisted of me not paying as no work had been done, different maps with different responsibilities etc.this ended with my loss of the case due to contractually me having to pay whether work was done or not. No costs were awawarded to the claimant and I cleared the debt within 48 hours. They appealed their cost claim and I was stung for the appeal and now the costs. The court order states I have until the 11th of jan to pay and I'm awaiting the acceptance of a variation order (n245) to be accepted/enforced by the court by the 11th if January.
On the 20th December the claimant has issued an 146 notice although all the figures and facts are incorrect in it stating they will forfeit the lease if the amount (incorrect) is not paid; they have also sent this letter to my tenants, causing them great undue stress just before Christmas.
Can they issue or enforce a 146 before the date the courts have set to pay the amount owed? Their letter is dated 20th and gives 14 days.
If a variation order is in place and it is honoured by me and paid on time can the lessee still issue a 146 notice for none payment of service charges, given that it would be being paid, all be it not in the big chunk they would like?
Most importantly
What happens to my tenants and how do I protect them? This isn't their fault but forfeiture could see them evicted from the property with no notice, or at least that is my
Fear.
I am unable to loan the amount needed to clear the debt so this is not an option
Thank you all in advance for your thoughts
Oska
I am a landlord and owner of a leasehold property containing 2 tenants in a rolling contract.. Ast was 6 months they have lived in for 8.
I've owned the property for 6 years and 2 years ago saw the start of a very long and draining court case. I was taken to court for failure to pay service charges; the case is somewhat complex but consisted of me not paying as no work had been done, different maps with different responsibilities etc.this ended with my loss of the case due to contractually me having to pay whether work was done or not. No costs were awawarded to the claimant and I cleared the debt within 48 hours. They appealed their cost claim and I was stung for the appeal and now the costs. The court order states I have until the 11th of jan to pay and I'm awaiting the acceptance of a variation order (n245) to be accepted/enforced by the court by the 11th if January.
On the 20th December the claimant has issued an 146 notice although all the figures and facts are incorrect in it stating they will forfeit the lease if the amount (incorrect) is not paid; they have also sent this letter to my tenants, causing them great undue stress just before Christmas.
Can they issue or enforce a 146 before the date the courts have set to pay the amount owed? Their letter is dated 20th and gives 14 days.
If a variation order is in place and it is honoured by me and paid on time can the lessee still issue a 146 notice for none payment of service charges, given that it would be being paid, all be it not in the big chunk they would like?
Most importantly
What happens to my tenants and how do I protect them? This isn't their fault but forfeiture could see them evicted from the property with no notice, or at least that is my
Fear.
I am unable to loan the amount needed to clear the debt so this is not an option
Thank you all in advance for your thoughts
Oska