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22

May, 2015

Friday

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  1. Replies
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    96

    I disagree with the above, surely the builder...

    I disagree with the above, surely the builder should do the work to a satisfactory quality, this would NOT include leaks !

    It certainly would not be upto the LH to 'stump up', for starters the...
  2. Replies
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    182

    I don't think there is any prescribed timeline...

    I don't think there is any prescribed timeline but clearly any lengthy delays could be problematic due to various other statutory limits and also a quote may only be valid for a certain period and...
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    138

    But if you have a lease that doesn't allow...

    But if you have a lease that doesn't allow sinking funds or payments in advance and a repair is needed then the obligation is upon the FH to do the works required, the fact he cant get money in...
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    Who appointed the management company, LH's cant...

    Who appointed the management company, LH's cant just self appoint themselves, is it a standard FH, or Lh with shares in a the FH company or an RTM setup ?

    In any case, you are essentially being...
  5. Replies
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    We assume you mean S20 notices, what did they say...

    We assume you mean S20 notices, what did they say ?. I doubt they say 'just patch it up'.

    Legally you wont have a right to withhold money as your contract is with the FH, the FH on the other hand...
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    danik, Worth noting that legal costs maybe the...

    danik,

    Worth noting that legal costs maybe the same as admin costs, i.e it may allow solicitors legal costs and/or admin costs such as sending a reminder letter, as I pointed out above, an FTT may...
  7. There have been occasions where FH have been...

    There have been occasions where FH have been convicted of fraud, but alas its a rarity, there really is nothing to stop a FH/MC overcharging and then just waiting to be taken to FTT and simply say...
  8. I feel your pain, what are you supposed to do...

    I feel your pain, what are you supposed to do about a Freeholder who couldn't care less ?

    You could sue for damages, I've done this successfully (and used the previous S20 which wasn't every done...
  9. I agree with the above, for starters would a MA...

    I agree with the above, for starters would a MA want the hassle of going to court/FTT and being 'grilled' about his qualifications, etc. My FH appears to self manage and is pretty awful but Im not...
  10. Marcus Read, As the other andy said, leases...

    Marcus Read,

    As the other andy said, leases can be varied but only with agreement of all parties, remember that it is a legally binding contract, all parties are expected to have gone into it with...
  11. Replies
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    645

    First Tier Tribunal (Previously LVT) >...

    First Tier Tribunal (Previously LVT) > https://www.gov.uk/housing-tribunals/overview

    Try reading lease in small bits, it will split into..what you must do, what Fh must do and how the cost is...
  12. Replies
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    If you have made them fully aware of your new...

    If you have made them fully aware of your new address and they sent nothing to it,. then you dont owe anything as youve received no demands. But if it went to court youd need good proof that you...
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    645

    A possible answer is an application to the FTT,...

    A possible answer is an application to the FTT, is anyone else in the same position ?

    have you read the lease yet ?
  14. Interesting case although no real surprises, the...

    Interesting case although no real surprises, the issue of estoppel was interesting.

    I like the way the MC described its services as "Rolls Royce", in reality it was more "Reliant Robin", or Regal...
  15. You only have to pay for services within the...

    You only have to pay for services within the lease, the lease will say what services the Fh is to provide and what you have to pay for.

    Sometimes the lease is messy like mine, it obliges the Fh to...
  16. Thread: Keys

    by andydd
    Replies
    11
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    796

    I actually had an incident in my flat, the power...

    I actually had an incident in my flat, the power for the upstairs flat runs into my downstairs flat and recently it burnt through and melted and nearly started a fire, I needed to contact the above...
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    Providing a summary of expenditure as per S21 of...

    Providing a summary of expenditure as per S21 of LTA 1985 and providing a place to inspect docs as per S22 is something you have to do to comply with the law, I don't believe you can put a timescale...
  18. Thread: Keys

    by andydd
    Replies
    11
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    796

    They are pretty standard clauses, if you need to...

    They are pretty standard clauses, if you need to enter a tenants property then you need to ask their permission and arrange a suitable it does NOT mean you can have keys to the property.
  19. ram, But unfortunately recent case law now...

    ram,

    But unfortunately recent case law now says that they will be given dispensation not just for emergencies but it any case where the LH hasnt suffered any prejudice. See >...
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    The obligations that fall upon the LH or FH...

    The obligations that fall upon the LH or FH should be within the lease, although sometimes Windows are a common cause of dispute.

    If the lease says its for the Fh to repair then elsewhere it will...
  21. If the RTM hasnt taken effect then no you dont...

    If the RTM hasnt taken effect then no you dont have to correspond with it as it doesnt exist yet,...the FH is talking rubbish.

    As for the S166, are you saying the second S166 demand lumped all 5...
  22. Id say No to first question and Yes to second. ...

    Id say No to first question and Yes to second.

    Id say that the FH has the option to increase the GR but he doesnt have to (thats my interpretation of the lease clause), he choose not too and is...
  23. Dont think any of us here are fire door experts,...

    Dont think any of us here are fire door experts, to challenge the cost you would need an application to the FTT, alternative estimates supporting a lower cost would help you.
  24. Gordon999, Not quite correct, the amended S21...

    Gordon999,

    Not quite correct, the amended S21 that proposed these changes was never bought into force.

    The original S21 is in effect which makes no mention of auditing, account only need to be...
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    I would of thought a survey should of been sent...

    I would of thought a survey should of been sent to you, write and specifically ask for it, if he doesnt respond it will look bad on him should you question costs later, the intention to carry out...
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