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Sep, 2014

Friday

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  1. I made no mention of the name nor any comment. I...

    I made no mention of the name nor any comment. I simply linked to a publicaly published (by a government funded site no less) outcome of a hearing, it would be rather ridiculous if one couldnt do...
  2. Who is this big name Freeholder who came unstuck at an FTT ?

    We cant nane them here but a quick click will reveal all.

    http://www.lease-advice.org/decisions/8587pdf/9001-10000/9832.pdf
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    Indeed, owning the freehold wont make any...

    Indeed, owning the freehold wont make any difference and to many people it simply is not an option.

    Surely this is all down to planning and can be oppossed on those graounds.
  4. FTT Decision - FH makes 'undertakings' to fix work.

    I was going to post a comment on this but Nearly Legal has done it for me > http://nearlylegal.co.uk/blog/2014/09/undertake-ftt-patch-bad-work/

    Its again an FTT making decisions beyond its remit....
  5. Id assume its worth getting them to confirm this...

    Id assume its worth getting them to confirm this in writing if the only admissions so far have been verbally.

    By 'case' above I meant 'case law' (couldnt find the usual Edit feature).
  6. Dont phone them up. get it all in writing, ask...

    Dont phone them up. get it all in writing, ask them specifically where in the lease/case does it support their position. You can then use this latter at a court/FTT to show youve communicated and...
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    This is something I have seen a lot of, adding on...

    This is something I have seen a lot of, adding on huge charges for late payment of GR.

    Yes of course any requests for extra admin fees must be made in writing, you may or may not like to inform...
  8. Thread: Roof repairs

    by andydd
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    2
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    187

    You are asking us the hardest question !..to...

    You are asking us the hardest question !..to interperate your lease, IMO your view is correct but ultimately if you disagree only a court or FTT can judicate on such issues.

    So who did you believe...
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    Phew....LHA would of unleashed his wrath upon you...

    Phew....LHA would of unleashed his wrath upon you :)
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    MrT2014, The problems may be that the...

    MrT2014,

    The problems may be that the 'building' belongs to the freeholder, you as leaseholders just rent it, the lease and to an extent common law will no doubt oblige the freeholder to repair it...
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    Just to add this issue is discussed at Nearly...

    Just to add this issue is discussed at Nearly Legal > http://nearlylegal.co.uk/blog/2014/08/costs-forfeiture/
  12. There is no such law, the due date would be in...

    There is no such law, the due date would be in the lease, but it would be wise to wait a month or so as suggested, follow the CPR Pre Action Rules and sent a LBA (Letter Before Actiopn) notice.
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    You must do things by the lease, you'll run into...

    You must do things by the lease, you'll run into problems if you ask the other LH to informally chip in, etc.

    You can argue historic neglect, i.e it costs 20k now but iof it was looked after 5...
  14. Good point although the defendant could ask it...

    Good point although the defendant could ask it not be allowed plus claim for costs for attending that hearing, a LiP could get about £300/£400 maybe.
  15. Well..invalid summarys could be considered minor...

    Well..invalid summarys could be considered minor technical matters BUT its my belief that if legal action is started and the LH can show that nothing is payable AT THE TIME THE ACTION WAS STARTED...
  16. Just clicked on another decision at random here >...

    Just clicked on another decision at random here > http://www.lease-advice.org/decisions/8587pdf/9001-10000/9776.pdf

    It appears that again the FH hasnt sent proper demands (I believe not complying...
  17. In that case though, it would appear that the...

    In that case though, it would appear that the issue of the S20C application should of been made either by the court or remitted back to the FTT after the Courts final decision, as I mentioned, the...
  18. Well, no, because the LH is using his right to...

    Well, no, because the LH is using his right to withold, if he then pays he has nothing to contest later.
  19. HHmm. I dont know I'd guess you still could bring...

    HHmm. I dont know I'd guess you still could bring a claim. But this may depend on the nature of the overcharging, was it just that an LVT concludoing that amounts were unreasonable or was it that...
  20. FTT Decision - Can they determine Payabilty ?

    An FTT decision that i found rather annoying here > http://www.lease-advice.org/decisions/8587pdf/9001-10000/9732.pdf.

    The troubling part is Paragrpah 37 & 38, where there seems to be no argument...
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    Costs under S146

    Interesting Upper Tribunal decisions here > http://www.landstribunal.gov.uk/judgmentfiles/j1058/LRX-90-2013.pdf

    The landlord has sought to recover legal costs (over £6000 for a £300 debt !), using...
  22. Thread: Ground rent

    by andydd
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    The solicitor/conveyancer should deal with isues...

    The solicitor/conveyancer should deal with isues like this as mentioned above, its worth noting that if legal action/bailiffs had been involved the judgem,ent would of been against the previous...
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    IUtr depends on what the lease says, it sounds as...

    IUtr depends on what the lease says, it sounds as if the whole garden is common land demised to the freeholder therefore he could claim that it is a breach to errect a shed, you say 'practically...
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    Maybe the tenant is clued up on l&t law and...

    Maybe the tenant is clued up on l&t law and hasn't paid because he knows he doesn't have to, as by the sounds of it your demands are invalid, be careful as a wise tenant could run rings around you...
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    As lha had mentioned it sounds as if the fh has...

    As lha had mentioned it sounds as if the fh has limited knowledge of leasehold law and how service charges should be demanded and its likely that any current and maybe previous demands were/are not...
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