Q&As

The landlord of a long residential lease has obtained an order for possession based on service charge arrears (not reserved as rent under the lease) that is not in the form of Form N27. The service charges had been determined in accordance with section 81 of the Housing Act 1996 and a section 146 notice was served prior to commencement of the possession proceedings. What are the implications (if any) of the order for possession not being in the form of Form N27 and not allowing at least four weeks from the date of the order for payment or possession?

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Published by a LexisNexis Property Disputes expert
Published on: 24 April 2020
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Statute limits a landlord’s right to forfeit a long residential lease for non-payment of service charge in a number of ways. For details, see Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease, but, in summary:

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    a tenant will not be liable to pay demands of service charge unless the landlord has given the tenant an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord. There are also

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Arrears definition
What does Arrears mean?

Sums reserved in a lease which a tenant fails to pay on the due date. A right to forfeit may be reserved in a lease once sums have been outstanding for a specified period of time.

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