Service Charge Disputes and Forfeiture: Pitfalls, Practicalities, and Procedure
In this session, Laura Webster and Rabby Fozlay deliver the next webinar in our series from our Property practice.
Residential service charge disputes and forfeiture are notoriously tricky, due to the legal and practical challenges involved. With complex contractual machinery underpinning service charge arrangements, together with an overlay of statutory protections – it is easy to see why things can often go wrong! Matters are further compounded by the procedural considerations of where, when, and how to take any enforcement steps or bring any challenges.
From their regular experience of dealing with and/or advising in service charge disputes and forfeiture matters, Laura and Rabby talk you through the various pitfalls, practicalities, and procedures involved in bringing a successful claim/challenge and forfeiture. Taking you through the stages from demand to determination.
This webinar considers:
- Whether the sums are recoverable/have been validly demanded
- The steps to take before issuing a claim
- Where, when, and how to bring a claim/challenge
- Waiver of the right to forfeiture
- How forfeiture practically works
Laura has a busy and varied practice predominantly in Trusts, Wills & Estates, Property Litigation, and Personal Insolvency. Having amassed over 200 court appearances, Laura is an experienced court room advocate whom regularly appears in her own right in the High Court and the County Court.
Rabby regularly advises in residential service charge disputes and is currently instructed in a 3-day hearing dealing with 23 heads of challenges to Day-to-Day service charges dating back 6 years. Prior to joining the Bar, Rabby worked as part of a specialist in-house legal team representing a Local Authority in (multi-million pound) residential service charges disputes – including both Day-to-Day and Major Works charges.
Rabby has successfully appeared in the Upper Tribunal (Lands Chamber) case of Lambeth LBC v Kelly [2022] UKUT 00290 (LC); frequently dealt with claims in the County Court for service charge debts; settled a million-pound service charge dispute against 25 leaseholders; a
