Tony P
19-01-2010, 17:39 PM
The Freeholder (a Ltd Co) of our building, ignoring our recently setting up of an RTM company, decided to commission exterior work just around a flat he retains leaving the building looking like patchwork.
No Section 20 notices, estimates, notice periods etc were given - the work was just carried out by F.
The are now seeking to recover the (excessive?) amounts claimed they spent.
They are also claiming lost rent from this flat.
They are also seeking a 'fee' for managing the work - not provided for under leases.
They are also seeking interest - again not provided for under leases.
The total claims come to more that £1,000 per flat.
They refused to pay their shares\ of agreed Interim Service Charge Contributions to the RTM, both before this expenditure and after, now claiming to off-set it against the above.
They are making these claims against both the RTM and the individual Leaseholders at the same time.
I know and accept the claims are invalid as Section 20 was not abided with as being well as outside the leases. I have twice written (signed for post) rejecting the claims with full reasons and references. But they just ignore these letters and continue with threats, generally selectively against the weaker or more timid lessees.
A Leaseholder's sale was impeded because they directly approached the prospective purchaser saying they would be sued for the 'liability'. The money was paid under duress to enable the sale to take place.
In the past there has been a total disregard to procedures laid out by the law about Ground Rent application dates and form. Despite absent, out of date, incorrect amounts and periods, even backdated Ground Rent demands (I keep the envelopes!)- the claims of 'arrears' continue unabated. My challenges to sue me to get it resolved get ignored.
They once applied to the LVT for a service charge ruling. LVT said they cannot make any service charge demands until past accounts were produced for a previous 6 years. No accounts were ever produced but the demands continued and they blackmailed two other sellers to get it.
QUESTION
How do I/we stop these spurious claims and stop the 'blackmailing' of future sales?
Is there a process or body I/we can apply to by which we can effectivlely shut them up and silence this for once and for all time, and force them not to continue any further claims for these amounts?
No Section 20 notices, estimates, notice periods etc were given - the work was just carried out by F.
The are now seeking to recover the (excessive?) amounts claimed they spent.
They are also claiming lost rent from this flat.
They are also seeking a 'fee' for managing the work - not provided for under leases.
They are also seeking interest - again not provided for under leases.
The total claims come to more that £1,000 per flat.
They refused to pay their shares\ of agreed Interim Service Charge Contributions to the RTM, both before this expenditure and after, now claiming to off-set it against the above.
They are making these claims against both the RTM and the individual Leaseholders at the same time.
I know and accept the claims are invalid as Section 20 was not abided with as being well as outside the leases. I have twice written (signed for post) rejecting the claims with full reasons and references. But they just ignore these letters and continue with threats, generally selectively against the weaker or more timid lessees.
A Leaseholder's sale was impeded because they directly approached the prospective purchaser saying they would be sued for the 'liability'. The money was paid under duress to enable the sale to take place.
In the past there has been a total disregard to procedures laid out by the law about Ground Rent application dates and form. Despite absent, out of date, incorrect amounts and periods, even backdated Ground Rent demands (I keep the envelopes!)- the claims of 'arrears' continue unabated. My challenges to sue me to get it resolved get ignored.
They once applied to the LVT for a service charge ruling. LVT said they cannot make any service charge demands until past accounts were produced for a previous 6 years. No accounts were ever produced but the demands continued and they blackmailed two other sellers to get it.
QUESTION
How do I/we stop these spurious claims and stop the 'blackmailing' of future sales?
Is there a process or body I/we can apply to by which we can effectivlely shut them up and silence this for once and for all time, and force them not to continue any further claims for these amounts?