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04

Sep, 2015

Friday

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  1. Replies
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    The old insurance question ! This is something...

    The old insurance question !

    This is something that many LHs dispute, one of the earliest cases is Forcelux v Sweetman which laid down the ground work which said a FH doesnt have to use the...
  2. I doubt anyone here knows anything more than you...

    I doubt anyone here knows anything more than you and what is written with S22, in fact I think yours is the first time I actually know anyone who has used S22.

    Its worth noting that the LH only...
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    What does the lease say ? I assume it says...

    What does the lease say ?

    I assume it says that the LH must insure through X, but S164 allows you not to use X but to insure using a company you choose, I cant see that this needs any interaction...
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    Dont really want to go the appointment of manager...

    Dont really want to go the appointment of manager route yet, having read some, it looks like hard work finding a manager and pursueding an FTT panel.
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    Surely its upto you to insure and do everything...

    Surely its upto you to insure and do everything to comply with S164, you don't have to wait for correspondence from the FH ?, that's my reading of it anyway.

    You say demand, what do you mean by...
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    Credit offset against Service Charge

    Anyone any idea of the following scenario.

    LVT says Ive overpaid £250, £250 is credited to my service charge account.

    FH starts court claim for £1250, claim uses the £250 credit so the actual...
  7. HHmm.,. If its not leasehold then most of the law...

    HHmm.,. If its not leasehold then most of the law we mentioned doesn't apply, this only applies to Leasehold properties, I dont think the law applies to common areas as the law mentions things such...
  8. So heres LVt where they say Admin Costs MUST be...

    So heres LVt where they say Admin Costs MUST be in Lease - http://www.lease-advice.org/decisions/8587pdf/4001-5000/4806.pdf

    Ive got some other newer cases saved on my puter too although its not...
  9. I dont think so, although at my LVT they did...

    I dont think so, although at my LVT they did allow much reduced admin charges of £25 and I dont think my lease allowed such charges, I did appeal to Upper Tribunal but they didnt allow it, partly due...
  10. See Post #3, it looks like the clause would allow...

    See Post #3, it looks like the clause would allow admin and legal costs for chasing late payment, although I dont think this would cover costs at an FTT IF the LH made applicatiion, but thats my...
  11. Hi. Well in theory you prob could of withold...

    Hi.

    Well in theory you prob could of withold payment when the first letter arrived due to the errors and it would of been payable when you recieved the reminder. When did they add the extra fees...
  12. HHmm.. typical MA trying to rip people off. So...

    HHmm.. typical MA trying to rip people off.

    So first of all we assume the service charge demand was served properally, including Summary of Rights, all correct, right font size etc, complying with...
  13. But we are talking about servuice charges here...

    But we are talking about servuice charges here not rent (unless SC is reserved as rent).

    There are plenty of cases of LH's bring claims for service charges upto 12 years BUT cant recall any claims...
  14. The LH may have a case if he said that he is only...

    The LH may have a case if he said that he is only paying 50% as he believes that is a reasonable amount for that period and he wishes to dispute the rest, although after 10 years it maybe to late to...
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    But if works need doing then works need doing, if...

    But if works need doing then works need doing, if you continually objected (in the above scenario) then another member could take action (wearing his leaseholder hat) against the freeholder for...
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    A couple of points. You arnt all FHs there is...

    A couple of points.

    You arnt all FHs there is a FH company of which you all have a share.

    Work should only be done on the property if you are complying with the lease and works genuinely need...
  17. I doubt it but most leases have a quiet enjoyment...

    I doubt it but most leases have a quiet enjoyment clause that applies to the FH, i.e he cant come round hassling you all the time and there may well be a clause in your neighbours lease that he is...
  18. Replies
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    A rather odd lease, using the term purchaser is...

    A rather odd lease, using the term purchaser is strange, I assume it does mean leaseholder/tenant.

    The insurance part is odd as it is difficult to see how it would work when each leaseholder only...
  19. It is up to the FH to maintain as you mention,...

    It is up to the FH to maintain as you mention, you could run into difficulties as its the FHs property therefore it could be deemed trespass if you did work on it and as you identify the other LHs...
  20. Replies
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    The answer is simple, CHECK THE LEASE !! "As...

    The answer is simple, CHECK THE LEASE !!

    "As the property appears to be a maisonette style dwelling all management functions (insurance, maintenance etc…) are the responsibility of the Lessee’s...
  21. The county court may well transfer the case to...

    The county court may well transfer the case to the FTT, so worth reading up about them too.

    You could use your rights under S22 of LTA 1985 to visit the Fh and inspect invoices, etc
  22. Replies
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    Indeed, flatpackamn seems to have missed this...

    Indeed, flatpackamn seems to have missed this point, legal costs are only recoverable IF the lease allows, many older leases have no such provision, most however do have a forfeiture/s146 clause to...
  23. Thread: Ground Rent.

    by andydd
    Replies
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    244

    I agree with the above, if it says £15 then £15...

    I agree with the above, if it says £15 then £15 it must stay, my FH overcharged me GR for many years but I got it all back plus interest :)

    He claimed there had been a deed of variation to...
  24. Gordon999, Don't believe that at all, any...

    Gordon999,

    Don't believe that at all, any future purchasers/conveyance would simply contact the FH and ask about amounts owning, many (perhaps the majority) of leases do not require an audit, the...
  25. Gordon999, We already know that, its the...

    Gordon999,

    We already know that, its the original S21 of LTA 1985, an audit is required IF the lease says so OR IF the LH asks for a summary AND there four or more properties.

    Many FH try and...
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