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Nov, 2014

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  1. Replies
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    yes, I meant the freeholder! The issue is...

    yes, I meant the freeholder!

    The issue is whether the LIP's costs prior to the amendment are payable by the freeholder. We've seen the courts decide that amending an unwinnable case is...
  2. Thread: Costs under S146

    by siva
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    447

    And then make sure that their subsequent actions...

    And then make sure that their subsequent actions do not confuse matters so that the right of forfeiture is not waived.



    Any negotiations would have to be carefully dealt with in order to ensure...
  3. Thread: Costs under S146

    by siva
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    447

    Nearly Legal comment on the case. See here...

    Nearly Legal comment on the case. See here.
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    Yes, but these decisions are generally at the...

    Yes, but these decisions are generally at the discretion of the Judge who will take all circumstances into account and decide what's fair. If the LL or his representatives have been useless or...
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    I'm not as sure as you on 2 issues i) whether...

    I'm not as sure as you on 2 issues

    i) whether the LL can 'fix' the demand or not prior to or at the hearing. I would certainly imagine that many judges in the CC would allow this unless the...
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    Just read the decision for the first time....

    Just read the decision for the first time. Apologies, I should have read it before commenting.

    I agree with you Andy that the FTT should be more careful with the language they use but on the whole...
  7. Replies
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    I suppose it depends what the FTT mean by...

    I suppose it depends what the FTT mean by "payability". They shouldn't be using such terms really.

    I still think they mean "payable" which can fall under their jurisdiction. Otherwise they...
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    Hi Andy, There's no reason why they couldn't...

    Hi Andy,

    There's no reason why they couldn't have commented on payability. They are not usually shy when it comes to doing things they are not strictly supposed to. I think quite often it comes...
  9. Thread: S146

    by siva
    Replies
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    2,088

    Well it's hard to say exactly in this case, but...

    Well it's hard to say exactly in this case, but it is certainly less work for everybody if the breach is admitted. This is what I was proposing. Make it clear that you admit the breach. The...
  10. Thread: S146

    by siva
    Replies
    29
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    2,088

    It seems excessive to me. two and a half hours of...

    It seems excessive to me. two and a half hours of work to write a letter, read a letter and then produce a notice. Hopefully Leaseholdanswers and others with more experience can advise on reasonable...
  11. Thread: S146

    by siva
    Replies
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    2,088

    You are unlikely to get anywhere with the...

    You are unlikely to get anywhere with the mortgage company. If the MA is going to start incurring legal costs then the sensible approach would be minimising them. If you admit the breach then all a...
  12. Thread: S146

    by siva
    Replies
    29
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    2,088

    £600 does seem high for a 146 notice, that is...

    £600 does seem high for a 146 notice, that is presuming you have admitted the breach.

    You could dispute this amount if it is demanded. I will have a look to see if there are any tribunal decisions...
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    It depends on the exact wording of the covenant....

    It depends on the exact wording of the covenant. If the covenant distinguishes between part and the whole then subletting part does not apply to the whole. If there is no distinction then 'part' also...
  14. Thread: Costs under S146

    by siva
    Replies
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    447

    Hi LHA, what new rules do you refer?

    Hi LHA, what new rules do you refer?
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    Having now read your initial post I see that your...

    Having now read your initial post I see that your solicitor claimed there was a breach of single family use. This would be an ongoing breach unless it has been remedied. The breach of subletting is...
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    I was trying to warn the OP that it's important...

    I was trying to warn the OP that it's important that the section 146 is technically correct in terms of detailing breaches and specifying remedies if applicable.

    I read this publication some time...
  17. Thread: Costs under S146

    by siva
    Replies
    9
    Views
    447

    Some interesting points made by the upper...

    Some interesting points made by the upper tribunal. Costs not allowed where i) no breach or ii) right to forfeiture waived by LL actions or lack of them when knowing about a breach (para. 49).
    ...
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    I haven't read through the thread so am not sure...

    I haven't read through the thread so am not sure this will help but something I picked up whilst researching these matters a while back is that subletting when not allowed is a 'once and for all'...
  19. 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...
  20. Thread: No sublet clause

    by siva
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    2,387

    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...
  21. Thread: No sublet clause

    by siva
    Replies
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    2,387

    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...
  25. 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.
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