Yes, I think that was the first time it was discussed but it has been mentioned a few times since then too.

One thing we have to bear in mind is that it is only case law. Lord Neuberger has tried...

Yes, it's been discussed quite a lot on here. It pretty much took the whole sector by surprise.

It's effectively a change of the law that stops a freeholder from being severely punished for what...

The link doesn't work for me.

It depends on the lease and reasonableness. The lease has to allow the charges. If the lease allows the charges then the leaseholder can still dispute the reasonableness at the LVT.

Hi Andy,

Yes, LVT cases are a pain for that sort of thing. I did list 'saving time and effort' under the pro's section for not applying to the LVT. I suppose I should have added the cost of...

The pro's and cons for me, in this case, on whether to wait and see what happens as opposed to applying to the LVT to determine whether the £120 is payable are:

Pro's - potentially save on...

Hi dominic,

I wasn't necessarily suggesting that the OP needed to act now in regard to an LVT claim. I think it's swings and roundabouts in this case where a charge appears to be being made which...

Claims by leaseholders in regard to the service charges prior to the RTM Company taking over are against the freeholder.

estoppel is a tricky topic. If it was me I'd work to the terms of the...

Yes, you will probably have to take this to a tribunal or court or just pay up.

Re-read the earlier posts and make sure you follow the advice.

Yes, if a charge is payable, then you could perhaps argue at the LVT that you never received the original demand and that a simple reminder letter would have been a reasonable cost given that sending...

Yes, this situation always bothers me. Your word against theirs.

What do other leaseholders say? If there is more than one of you saying that no demands were received then your case is stronger.
...

Not necessarily. I am more familiar with HMRC definitions than those used by Companies House but there are definitions of what trading means. That is carrying out a trade.

You can still write...

I'm not sure if you are wrong or not but I get the feeling from discussion I've seen on LZ that some management companies register as 'not trading' with companies house so don't have to submit...

A leaseholder cannot refuse to pay service charges that are properly demanded in accordance with the lease and legislation. The summary of service charges does not come into it whether requested or...

Only if a lessee requests it and if they do shop around. They shouldn't be charging £600 for this.

Like you say above, most lessees would be happy to see the underlying invoices, so make sure the...

s27a allows the LVT to decide if a service charge would be payable if they were incurred so technically speaking they could make the decision at the same time. I imagine you would have to make your...

There is no statutory requirement for an audit of the accounts. If the lease doesn't require one then that's the end of the matter.

A leaseholder can request that a summary of relevant costs is...

I would advise not to start threatening forfeiture unless arrears are more than £350 or the SC have been owed for more than 3 years.

Before you can issue a s146 notice in regard to forfeiture it...

Yes, but you never explained how a LL is legally allowed to charge £50 for return of items he takes. What is the law you are referring to?

Well really the application is a s27a application with the LVT and there is no counterclaim as such.

What did the LL ask to be determined in their application? They can ask the LVT to determine...

Surely you can only charge fees that are due in accordance with the law/lease? I wouldn't have thought you can say you can't have your belongings back unless you pay me £50.

Perhaps the LL could...

Excellent! When you look into the criminal charges route it is just off-putting and doesn't guarantee access, just a fine. I think that if you disobey a Court Order then you are looking at worse than...

I've been there several times. It's hugely annoying that you and I go to great lengths to comply to the letter with directions yet the other party are flippant and the LVT let them get away with it....

Has the lateness of their submissions caused you a problem? You will probably find the LVT will allow them otherwise, even if you do ask for them not to be admitted.

You can always ask for any...

Yes, I see. It seems quite bizarre how this principle doesn't apply when the covenant is negative though. That forfeiture is not a remedy when a negative covenant is breached by a third party unless...