Q&As

A residential lessee’s mortgagee has taken possession under a possession order. The landlord has a judgment for service charge liabilities and is considering forfeiture. Can the landlord require the mortgagee to pay the ongoing service charge and maintenance costs?

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Published on LexisPSL on 05/07/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A residential lessee’s mortgagee has taken possession under a possession order. The landlord has a judgment for service charge liabilities and is considering forfeiture. Can the landlord require the mortgagee to pay the ongoing service charge and maintenance costs?

A mortgagee in possession has a number of potentially onerous liabilities. One of these is the obligation, where the mortgaged property is a ‘new’ lease for the purpose of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), to pe

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