Donkin
08-05-2006, 10:57 AM
History from my previous threads.
For various reasons the Solicitor of the Leasholder upstairs required me to renovate the garden. This I did without going through the S20 requirements.
Now upstairs paid but Leaseholder downstairs refused, saying I didn't consult. We did have meetings but nothing in writing. S20 says if it is above £250 you must consult etc in writing. The lease states they have to pay. We don't have a sink fund we just pay once maintenance is done.
The first question is, as it is above £250; I accept I will not get back the whole amount but are they still laible for the £250 or are they liable for nothing?
Next one, if Ithey are liable for the £250 and I have to use a Solicitor (as allowed for in the Lease, for any reason), are Solicitors Charges counted as Service Charge and subject to S20 ie consultation etc.
For various reasons the Solicitor of the Leasholder upstairs required me to renovate the garden. This I did without going through the S20 requirements.
Now upstairs paid but Leaseholder downstairs refused, saying I didn't consult. We did have meetings but nothing in writing. S20 says if it is above £250 you must consult etc in writing. The lease states they have to pay. We don't have a sink fund we just pay once maintenance is done.
The first question is, as it is above £250; I accept I will not get back the whole amount but are they still laible for the £250 or are they liable for nothing?
Next one, if Ithey are liable for the £250 and I have to use a Solicitor (as allowed for in the Lease, for any reason), are Solicitors Charges counted as Service Charge and subject to S20 ie consultation etc.