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Jul, 2014

Tuesday

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  1. Yes, there has been a case in the Lands Tribunal...

    Yes, there has been a case in the Lands Tribunal and what LHA describes as "tortured logic" is in fact non-logic. The decision being along the lines that because it would be deemed reasonable to...
  2. Thread: No sublet clause

    by siva
    Replies
    19
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    1,942

    Some people may actually want no subletting as...

    Some people may actually want no subletting as this will most likely apply to all flats. You don't then get the problems associated with some short term tenants.

    I still think this process of...
  3. Thread: No sublet clause

    by siva
    Replies
    19
    Views
    1,942

    If there is no sublet clause then you are allowed...

    If there is no sublet clause then you are allowed to sublet.

    If there is a sublet clause then quite often it is in a form that many people misunderstand and assume they can't sublet when they...
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    >Where it gets complicated is that the kick-back...

    >Where it gets complicated is that the kick-back sometimes was in cash and a credit note was issued. That's easy to demonstrate.

    Just quickly gone through the thread. Send in copies of the credit...
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    Yes, it would have to be in the claim, but that's...

    Yes, it would have to be in the claim, but that's easy enough for the applicant to arrange. Either by a new claim or by asking the FTT to amend any current claim.

    All the applicant can do is try....
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    aki131960, The FTT can order any person to...

    aki131960,

    The FTT can order any person to attend a hearing as a witness. They can order any person to answer questions and produce documents. They can do this under their own initiative but you...
  7. Great news! Thanks for the update, it's good to...

    Great news! Thanks for the update, it's good to hear how things work out.
  8. Replies
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    So a claim against you for damages will be...

    So a claim against you for damages will be difficult to prove. It will come down to what evidence there is, how well the parties argue their case and whether the Judge determines that the case has...
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    shuey, I don't think either are relevant. It's...

    shuey,

    I don't think either are relevant. It's damages that are being sought, not forfeiture or remedy of breach of lease. Possibly also a demand for service charges in regard to the investigation...
  10. Replies
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    Is that what is being claimed here though? I...

    Is that what is being claimed here though?

    I know that the actual wording of the lease comes into play in regard to nuisance and sometimes the leaseholder is not in breach of the lease if he...
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    shuey, you need to look at Leaseholdanswers'...

    shuey, you need to look at Leaseholdanswers' comments in your other thread.

    Have you obtained a copy of the insurance policy?

    What evidence is there to show negligence? Surveyor's report?...
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    shuey, Something worth looking at and will...

    shuey,

    Something worth looking at and will help understanding is whether it is just you that is being asked to pay for the works carried out by the freeholder. If some of it is a service charge...
  13. Replies
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    That type of clause comes into play when...

    That type of clause comes into play when enforcing covenants on leaseholders. This wouldn't apply in regard to a claim for damages but there may be an element of enforcement involved in this case...
  14. Replies
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    shuey, you should have continued posting on your...

    shuey, you should have continued posting on your earlier thread.

    As leaseholdanswers points out in that thread, the devil is in the detail and it is a big mess.

    In regard to the insurance you...
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    Did you not receive a letter before action...

    Did you not receive a letter before action specifying exactly what the claim is about?

    I've only skimmed through the post but it is sounding like it should be a claim for damages but made by the...
  16. Replies
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    An application to the FTT (formerly LVT) to...

    An application to the FTT (formerly LVT) to appoint a manager under section 24 of the Landlord & Tenant Act 1987.
  17. Hi Susan, You should do as LHA suggests and...

    Hi Susan,

    You should do as LHA suggests and check your company articles to see if they are different to the ones I linked to above.

    I can only comment in regard to the standard articles and...
  18. Hi Susan, I was looking at the standard...

    Hi Susan,

    I was looking at the standard articles for an RTM company and see other potential strategies.

    If you go to members you require a special resolution which I'm pretty sure needs to be...
  19. Replies
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    Bear in mind that costs of up to £500 can be...

    Bear in mind that costs of up to £500 can be awarded for unreasonable behaviour. If you are thinking of potentially pulling out you are best protecting yourself by offering mediation and going ahead...
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    Well it all depends on what their defence is and...

    Well it all depends on what their defence is and the actual details and severity of things and of course who you get as a panel. I've seen decisions that vary significantly. On the whole it's very...
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    Proof & Evidence are the key to these types of...

    Proof & Evidence are the key to these types of cases.

    Subletting is a one off breach (if the lease prohibits it). Prohibited use is ongoing. Nuisance depends on the exact wording of the lease and...
  22. Well it's up to the OP. He's received his advice....

    Well it's up to the OP. He's received his advice.

    I am speaking from the position of a leaseholder and have experience in both the County Court & LVT/FTT of acting in that capacity. The route I...
  23. Good advice here...

    Good advice here.

    Note, see question 5 and the comment "most applications will be dealt with at a hearing". The OP needs to have her evidence. If she claims something which she can't support she...
  24. Exactly what I've been saying. The OP needs to...

    Exactly what I've been saying. The OP needs to know what arguments she has then submit it with her application, then take enough evidence to the short hearing to convince the Judge that she has a...
  25. I mentioned earlier that I have also read...

    I mentioned earlier that I have also read decisions in relation to s24. The legislation allows appointment on the basis of 1) breaches of the lease ii) unreasonable service charges iii) breaches of...
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