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Oct, 2014

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  1. Ram has a point, BUT if the FH/MA hasnt complied...

    Ram has a point, BUT if the FH/MA hasnt complied with the rules as listed in my above post then nothing maybe payable at all.

    But I agree that if all the rules have been followed then the amount...
  2. Its quite common for some dodgy companies to try...

    Its quite common for some dodgy companies to try and recoup huge admin costs even if the LH is only slightly late in payiing GR,m although in your case its been five years and the amount isnt too...
  3. Have a look through the Breaches of Lease section...

    Have a look through the Breaches of Lease section of LEASE site > http://www.lease-advice.org/lvtdecisions/tables.asp?table=6
  4. I've no idea about Memorandum's and Articles or...

    I've no idea about Memorandum's and Articles or the majority needed I'm afraid. i cant imagine you can send letters out on your own, etc.

    The burden of proof required is quite high, I doubt noise...
  5. I'll let LHA comment on co-freeholders :). ...

    I'll let LHA comment on co-freeholders :).

    There is no such thing, there will be a company that owns the Freeholder of which you own a share.

    What does the lease say about noise ?, most have...
  6. Your answer seems to simplify the situation. ...

    Your answer seems to simplify the situation.

    Demanding thousands of pounds you dont have is irrelevant, IF the works were required and were carried out.

    It may be the case that the lease allows...
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    EErr..no because the lease says you have to pay...

    EErr..no because the lease says you have to pay for repairs.

    Would you also refuse to pay for a broken window or refuse to pay for grafitti to be painted over,. becuase you didnt do it.

    Of...
  8. If the leases are seperate to the flat leases...

    If the leases are seperate to the flat leases then are they not residential, in that they are not properties where anyone is resident ?
  9. As LHA has mentioned there are lots of laws to...

    As LHA has mentioned there are lots of laws to comply with for demanding of GR and Service Charges, unless he was careful it sounds like he may have lost any right to obtain the payments from you,...
  10. If there is no provision folr a sinking fund then...

    If there is no provision folr a sinking fund then paying into it would be optional or perhaps under an agreement between Fh and LH's although Im not sure how 'binding' this would be if a LH chose not...
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    You need to bill leaseholders to comply with the...

    You need to bill leaseholders to comply with the terms of their indivual leases.

    I dont know whether you can bill in December or not, does the lease say 'annually', Im not sure of the definition...
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    Many of the leases in my local area tend to be of...

    Many of the leases in my local area tend to be of a very similar format and often are very vague about everything, no provisiuon for payment on account or reserve fund, but the local LVT/FTT has...
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    By section 20 the poster clearly means the S20...

    By section 20 the poster clearly means the S20 Consultation Process, which freeholders must comply with.

    Generally there has been no limit to service charges recoverable, assuming they are...
  14. Yes without a lease or if it is silent on the...

    Yes without a lease or if it is silent on the issue then no costs are recoverable, this is something my Fh is finding out, I have been suing him for damages for not carrying out repair works, but the...
  15. Even if nothing in the lease there are still...

    Even if nothing in the lease there are still obligations in common law and legislation such as the Defective Premises Act for the FH to keep the building and common areas in a safe condition, etc but...
  16. To add to me above post, I assume though that the...

    To add to me above post, I assume though that the FH can ask for 25% upfront i.e £500 in December ? (Assuming the consultation process is underway)
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    The wording of the legislation is initially quite...

    The wording of the legislation is initially quite simple but then it goes onto list a huge range of exceptions, and much like Paul Calf, taking a dislike to students

    Looking somewhat down the...
  18. On account means to be charged in advance so yes,...

    On account means to be charged in advance so yes, he is allowed to do this and its surprising that if the lease allows that he hasnt done before as collected money in arrears is troublesome.

    I'm...
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    Having re-read the actual law:- PART 3...

    Having re-read the actual law:-

    PART 3
    Property management work
    Requirement to belong to a redress scheme: property management work
    5.—(1) A person who engages in property management work must...
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    Who came up with the strange A employs B through...

    Who came up with the strange A employs B through C analogy crap ??!

    Surely if it doesnt apply to self managing Freeholders then that is a major loophole, my FH has always effectively self managed...
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    This is a common problem at FTT, normally where a...

    This is a common problem at FTT, normally where a management agent has been rreplaced, sometimes FTTs disallow the costs completely other times assuming that some expenses have indeed been incurred...
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    MA Redress Scheme

    http://www.lease-advice.org/news/story/?item=197

    Now, I assume that a freeholder that doesnt employ a management agent but does the 'management' work himself must join ?
  23. I'd hazard a guess at no..because the Freeholder...

    I'd hazard a guess at no..because the Freeholder is under an obligation to perform his covenants under the lease..at the time..not to look forward to possible future events, although maybe an FTT...
  24. What does the lease say ?. Many make mention of...

    What does the lease say ?. Many make mention of not removing walls, etc but are silent on the issue of internal plumbing, etc. I know mine is.
    If its not in the lease, you have quite a wide remit to...
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    So you are doing works that the...

    So you are doing works that the freeholder/managing agent should of done ?. Then you could recoup the cost from him, suing him for breach of covenant.
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