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Dec, 2014

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  1. Replies
    19
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    662

    I'd agree with this approach, in fact its helped...

    I'd agree with this approach, in fact its helped me.

    My FH has continually sent invalid demands and I've informed him pre-legal action that they are invalid but not pointed to the exact...
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    3
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    108

    Generally..no. The LH must pay up even if he...

    Generally..no.

    The LH must pay up even if he has a dispute and then question it later, at an FTT if required.

    There are some rights to withhold payment, S47/S48, no summary of rights but not...
  3. a) Yep b) Just the basics at the early stage....

    a) Yep

    b) Just the basics at the early stage.

    c) Yes, there may or may not be case management stages, but generally you will both get to see each others submissions

    d) Not sure, generally...
  4. Well..Obviously no-one would suggest the complete...

    Well..Obviously no-one would suggest the complete abolition of freehold without replacing it with something else, England is one of only a few countries in the world that has such a system in place....
  5. Yep..the above would cover claiming back legal...

    Yep..the above would cover claiming back legal costs I'm afraid.

    Yes, in theory he could start all sorts of frivolous/vexatious claims and try to claim costs BUT there are various safeguards, the...
  6. Don't know, cant really follow whats going on...

    Don't know, cant really follow whats going on here, what did you appeal and on what grounds ?

    What did the original court order say ?. I don't think an appeal overrides the dates given for payment...
  7. We havnt seen your lease so cant comment whether...

    We havnt seen your lease so cant comment whether admin/legal costs are recoverable or not, perhaps you could post it up, and no it would be unlikely to actually use the words 'Administration...
  8. It would be worth checking that all the amounts...

    It would be worth checking that all the amounts do add upto 100% for the whole property/building.

    In my flats we pay 50% each so that's easy, but your situation does appear to be somewhat more...
  9. Replies
    11
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    417

    What you need to remember (and that many FH's...

    What you need to remember (and that many FH's forget) is that service charges are not a big pile of cash for the FH to enjoy, the only profit he should be enjoying is the Ground Rent, Service Charges...
  10. Im not convinced that the letting agent is under...

    Im not convinced that the letting agent is under an obligation to supply you with the info you require, but how did you get into the situation of owning a freehold but not knowing who the leaseholder...
  11. Replies
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    269

    Write to him asking him to point to the...

    Write to him asking him to point to the provisions in the lease that allow him to do this.

    If no answer, say you will start legal action to get it back, I was in similar situation and got a large...
  12. *Scratches head*. Its upto you to persuade...

    *Scratches head*.

    Its upto you to persuade Judge of the amounts that you actually owe, whether its misleading or not, as LHA points out, once judgement has been given its too late to re-argue or...
  13. If you genuinely believe you have overpaid, then...

    If you genuinely believe you have overpaid, then I'd send LBA and then file a court claim, saying amount owed AND 8% interest from the overpayment date, I had similar issue with ground overpaid for...
  14. Also don't forget these extra fees are only...

    Also don't forget these extra fees are only payable if the lease makes such provisions AND the Fh sends a valid up to date Admin Charges - Summary of Rights, even then the amount can be disputed at...
  15. You need to answer LHA's main question, why do...

    You need to answer LHA's main question, why do you 'not owe' the ground rent if you admit you've received the demand ?
  16. Replies
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    662

    1. Yes.. No S166 = No pay. Simples. If I were a...

    1. Yes.. No S166 = No pay. Simples. If I were a judge I'd expect a paper copy to be sent before starting legal action too.

    2. Pay if you want, personally I'd keep the £200 in my bank earning...
  17. Replies
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    590

    Not a helpful reply, its not a case of whether...

    Not a helpful reply, its not a case of whether the LH's want heating or not, FH's have to follow legislation and as LHA has pointed out the cost may well be capped at £250, and in any event a LH can...
  18. Replies
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    178

    I believe he just has tell you that works will be...

    I believe he just has tell you that works will be taking place and that you will have to contribute, he doesn't have to spell out the cost, although later on a quote should obtained from his...
  19. Replies
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    281

    You could add assign another thousand people to...

    You could add assign another thousand people to your lease, there will still only be two leasehold properties. Adding your partner would just mean any legal disputes, debts, etc would involve him as...
  20. Replies
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    350

    A rather bizarre and vague posts and answers. ...

    A rather bizarre and vague posts and answers.

    There is no absolute obligation for a FH to communicate with Leaseholders, BUT The RICS Code give plenty of guidance on this and it whilst not...
  21. Replies
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    152

    Looks like another pointless survey that took...

    Looks like another pointless survey that took years to complete and achieves nothing, most of these surveys have concluded that leaseholders often get a raw deal but the only change I'm aware of is...
  22. Replies
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    306

    I thoughjt this clause meant that the Freeholder...

    I thoughjt this clause meant that the Freeholder must leave you in peace and not come round all hours of the day and night hassling you etc

    I dont believe that if a fellow leaseholder is making...
  23. I think its no's all round :) Ive let a room...

    I think its no's all round :)

    Ive let a room and my lease m,akes no reference to subletting, only thing im aware of you are suposed to declare it and pay tax above a certain amount of £4k or...
  24. Normally when selling the freehold it must be...

    Normally when selling the freehold it must be offered to the other leaseholders, although possibly selling the Ltd Co. gets around this.

    As freeholder you would be responsible flr all three flats...
  25. I can see a similar thread here >...

    I can see a similar thread here > http://www.landlordzone.co.uk/forums/archive/index.php/t-55869.html
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