Service Charge Recovery, Getting the Service Charges In
Effective property management is dependent on good cash flow and effective credit control. Contractors paid on time are happy contractors, who will be pleased to attend to your next emergency. Each owner signed a lease or transfer thereby promising to pay their service charges on time (usually within 21 days of the due date). Human nature means that people pay the creditor who means business and to preserve cash flow, blocks of flats must be run as a business. To give all owners a moral reason to pay their service charge before say Sky TV at Ringley we donate the money we save when owners pay on time and we don’t have to spend money chasing them to Wateraid.
We understand that there is a difference between ‘cant pay’ and ‘wont pay’ and therefore stage 3 of our debt chase process is to send out Ringley’s financial hardship policy inviting owners to admit the arrears so that we can go with them for help from their mortgagee not against them via the courts.
Click to see Flowchart on Service Charge Recovery:
To encourage people to pay their service charges on time, sanctions we use include:
1. adding interest to arrears,
2. sending polite reminders,
3. offering Ringley’s financial hardship policy,
4. issuing a final notice,
5. verifying the legal owner by carrying out a Land Registry search,
6. applying for a money judgement from the County Court,
7. seeking payment of the judgement from an owners mortgagee whose security is threatened,
8. calling the debtor to court for questioning to obtain an attachment to earnings order,
9. registering the judgement as a unilateral notice or charge against the property,
10. applying for an order for sale of the property to discharge the debt
In some instances to assure recovery of costs it may be necessary to 1st go to the Tribunal to confirm the breach of lease to get clearance for Section 146 forfeiture action, whereby recovery of costs will be assured.
Ringley have the experience to deal with issues of ‘reasonableness’ or ‘legal recoverability’ at Tribunal and will seek to mediate between the parties where possible.
As Solicitors, Ringley Legal handle and case manage a broad range of litigation matters at Court and Tribunal. For advocacy we have relationships with all the leading Barristers Chambers to best present your case.
Where is it going to go though? No obvious space on the Legal website.