Getting your money back
23rd October 2015
It is common for landlords to issue debt proceedings in the county court to recover service charge arrears – often as a pre-cursor to forfeiture. In the vast majority of cases the amount claimed is less than the small claims limit of £10,000 and the claim is allocated to the small claims track (Civil Procedure Rules Part 27). Unless a party acts unreasonably, in such claims the general rule is that there should be no order as to costs.
Jonathan Upton discusses this in detail in this article.