Interesting piece of the regulation of managing agents.

http://leaseholdlife.info/index.php/352-press-releases-arma/1371-arma-press-release-owners-of-leasehold-flats-to-get-more-protection

What...

I had fun and games with a similar scenario at the LVT. My Fh was performming and charging for a accountants to certify each years service charge.

I bought this up at an LVT and pointed out: the...

Follow the CPR which might get results, i.e send notice before action.

Make LVT application although id recommend the county court > transfer to lvt route.

Employ debt collection agency, pretty...

Or investigate a deed of variation, we had one before we bought the flat but dont remember how you go about it.

Surely this would fall under the definition of an admin fee ?, if so there are various hoops to jump through, for examle the correct admin fees - summary of rights would have to be sent to the...

Agree with most of LHA's points, it is a tribunal not a court and the rules concerning bundles fall somewhere inbetween the small claims track (where there are effectively no rules) and the fast...

Interesting peiece here at Nearly Legal > http://nearlylegal.co.uk/blog/2013/05/being-civil/

Whether a LH can initiate criminal action against a LL often comes up here.

Andy

There is a Lands Tribunal appeal which refers to an LVT where they admit they were running out of time and rushed through everything and they made a complete cock up and the appeal Judge does point...

I to was very dissapointed at my LVT hearing and confused by some of the points raised by the Tribunal chair which on later reflections appear to be legally wrong, I did appeal in my case and found...

And surely if the lease allows legal costs to be recovered then the LL doesnt even need to bring it up before a Judge, the LL just whack on the charges and send it as a service charge, clearly any LH...

But wouldnt that be a seperate application ?. In this case the judge was awarding costs for the small claim court hearing, which is a no costs hearing.

Whther costs are payable under the lease is...

It strikes me that the Judge erred in law in that costs are not payable on small claims track, he could of course decide costs are payable due to specific reasons..unreasonable behaviour, etc.

He...

As mentioned there are very few legitimate reasons to withold payment, it is always best to pay and dispute later or at the very least pay what you consider a reasonable amount, this would give you...

I second Siva's comments above, the Unfair Terms has popped up now again in LVT's but mostly unsuccessfully for the LH's but it would appear to me to be a strong argument in your case, the lease...

Prob worth reading The RICS Code (sticky at top of forum), the MA should act reasonablely and correspond/discussmatters with you, worth m,entioning that they dont if you end up in Court/LVT.

Andy

have you been sent a demand complying with S166 of Commonhold & Leasehold Reform Act 2002 if not then nothing is payable.

Whilst service charges from previous owners may be claimed from you i dont...

The service charge is only payable IF valid service charge demands have been received by you. This includes being sent to the address that you have given the freeholder not the property address if...

What does your lease say ? Also bear in mind s20b of landlord & tenant act 1985 which puts an 18 month limit on demanding old service charges.

Andy

Right, my go :)

As rightly pointed out, if no Summary received then you have the right to withold payment, although I dont believe that the FH is actually breaking any laws as such.

But bear in...

*All together now* Read the lease.

What does it say about the percentage the LH's must pay.

A similar issue often crops up at LVT's, the ground floor owner says, I dont use the lift why must I...

Found this > http://www.pla.org.uk/__data/assets/pdf_file/0011/94088/NotesCOLEweb.pdf

Would appear imply that no, costs are not recoverable.

But what does the lease say about maintanence/costs, etc. ? Its all very well doing stuff yourself but you could in theory be doing stuff that is actually upto the freeholder, we have discussed the...

Are you the freeholder ?

Be aware that a s146 notice is rarely fully succesful, (i.e forfeiting the property), it also would appear from above that the breach is no longer ongoing.

Andy

Sometimes its upto the leaseholder to insure the property although this is rare.

Me !. Slip me a couple of tenners in a brown envelope and a bag of Mini Eggs. ;)

Andy