Chasing up the non-payment of arrears, when someone who owes your business has not kept up with payments, can be a drain on your business and stressful.
This is especially true for service charges. Whether it’s because of tenants or leaseholders, the last thing you want is a drawn-out process to recover the charges owed to you.
Fortunately, you can appoint a specialist solicitor to guide you through the process, potentially making for a fast and efficient collection of arrears. Contact us to find out how First4lawyers can help you with the recovery of commercial property service charges.
What are service charge arrears?
Service charges are those that a tenant pays in order to cover the costs on things like maintenance, insurance, and energy usage in shared areas. Failing to keep up with payments is referred to as falling into arrears.
If you manage a commercial property and your leaseholder or tenant falls into arrears, it is your responsibility to chase up the outstanding payments and ensure that creditors, such as service providers, are paid and standards are maintained.
Recovering service charge arrears can be a complex and difficult process, with potential pitfalls created by legal technicalities. To ensure that your company does not fall foul of these pitfalls and end up in a time-consuming, costly dispute over unpaid service charges, it is often advisable to appoint a solicitor with experience of helping commercial landlords to help bring about a quick resolution.
What are the best routes to recovering unpaid service charges?
In some cases, all that is required to resolve the issue of service charge arrears is a seven-day letter of demand. This should be carefully worded to ensure it can be used as evidence during court proceedings, should your case go to court – so may require the input of a solicitor.
If a letter doesn’t bring about a payment, then you may be able to serve them with court proceedings. Before doing so, you’ll need to calculate how much additional interest and costs will be included in the amount you are claiming for through the courts.
How can a solicitor help me to recover service charge arrears?
Specialist property solicitors with experience of recovering service charge arrears will help you to ensure that all your communication with leaseholders and tenants is as effective as possible whilst remaining compliant with property law.
At First4lawyers, our solicitors can guide you through the process of bringing court proceedings against tenants, where necessary.
If your tenants fail to engage with proceedings, and a court hearing is therefore not possible, our solicitors could help you to obtain a default judgment, which should allow you to recoup the money owed to you.
I am having problems collecting service charge arrears from my tenants – what should I do?
You should speak to a specialist property solicitor who can assess the fastest, most efficient route to recovering your service charge arrears.At First4lawyers, the professionals we can appoint to your case will work toward the resolution you’re looking for. The first step is getting in touch with our advisors for a no-obligation discussion. Speak to one of them to find out whether you have a case.