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Apr, 2014

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  1. 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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    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...
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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...
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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...
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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...
  10. 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.
  11. 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...
  12. 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...
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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...
  16. 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...
  17. 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...
  18. 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...
  19. 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...
  20. The FTT is one option for resolving the matter....

    The FTT is one option for resolving the matter. As a leaseholder who has brought and defended various actions in front of both the FTT and the County Court, representing myself, and having also...
  21. I looked through section 24 decisions a good...

    I looked through section 24 decisions a good while back (search for "section 24" or "appointment of manager" here) and there are definitely cases where the LVT say that they feel unjustified...
  22. I'd wait to see how strong a case you have before...

    I'd wait to see how strong a case you have before doing that. If you have only been charged £250 on top of what you agree is OK then it might be just worth paying. Solicitors aren't cheap.


    ...
  23. I have been told that too. So is the demand...

    I have been told that too.

    So is the demand exactly the same amount as you were ordered to pay? If so then what are you disputing? Pay what you agree with, stating what you don't agree with and...
  24. But that's not what the CPR says ... Setting...

    But that's not what the CPR says ...

    Setting judgment aside and re-hearing
    CPR s 27.11

    (1) A party –

    (a) who was neither present nor represented at the hearing of the claim; and

    (b) who...
  25. You will need to show evidence that you were...

    You will need to show evidence that you were unaware of the hearing. i.e. that the old managing agent was aware of your address, that the new freeholder used the wrong address.

    You will need to...
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