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Aug, 2014

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  1. Thread: Roof repairs

    by andydd
    Replies
    2
    Views
    113

    You are asking us the hardest question !..to...

    You are asking us the hardest question !..to interperate your lease, IMO your view is correct but ultimately if you disagree only a court or FTT can judicate on such issues.

    So who did you believe...
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    238

    Phew....LHA would of unleashed his wrath upon you...

    Phew....LHA would of unleashed his wrath upon you :)
  3. Replies
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    545

    MrT2014, The problems may be that the...

    MrT2014,

    The problems may be that the 'building' belongs to the freeholder, you as leaseholders just rent it, the lease and to an extent common law will no doubt oblige the freeholder to repair it...
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    282

    Just to add this issue is discussed at Nearly...

    Just to add this issue is discussed at Nearly Legal > http://nearlylegal.co.uk/blog/2014/08/costs-forfeiture/
  5. There is no such law, the due date would be in...

    There is no such law, the due date would be in the lease, but it would be wise to wait a month or so as suggested, follow the CPR Pre Action Rules and sent a LBA (Letter Before Actiopn) notice.
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    545

    You must do things by the lease, you'll run into...

    You must do things by the lease, you'll run into problems if you ask the other LH to informally chip in, etc.

    You can argue historic neglect, i.e it costs 20k now but iof it was looked after 5...
  7. Good point although the defendant could ask it...

    Good point although the defendant could ask it not be allowed plus claim for costs for attending that hearing, a LiP could get about £300/£400 maybe.
  8. Well..invalid summarys could be considered minor...

    Well..invalid summarys could be considered minor technical matters BUT its my belief that if legal action is started and the LH can show that nothing is payable AT THE TIME THE ACTION WAS STARTED...
  9. Just clicked on another decision at random here >...

    Just clicked on another decision at random here > http://www.lease-advice.org/decisions/8587pdf/9001-10000/9776.pdf

    It appears that again the FH hasnt sent proper demands (I believe not complying...
  10. In that case though, it would appear that the...

    In that case though, it would appear that the issue of the S20C application should of been made either by the court or remitted back to the FTT after the Courts final decision, as I mentioned, the...
  11. Well, no, because the LH is using his right to...

    Well, no, because the LH is using his right to withold, if he then pays he has nothing to contest later.
  12. HHmm. I dont know I'd guess you still could bring...

    HHmm. I dont know I'd guess you still could bring a claim. But this may depend on the nature of the overcharging, was it just that an LVT concludoing that amounts were unreasonable or was it that...
  13. FTT Decision - Can they determine Payabilty ?

    An FTT decision that i found rather annoying here > http://www.lease-advice.org/decisions/8587pdf/9001-10000/9732.pdf.

    The troubling part is Paragrpah 37 & 38, where there seems to be no argument...
  14. Replies
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    282

    Costs under S146

    Interesting Upper Tribunal decisions here > http://www.landstribunal.gov.uk/judgmentfiles/j1058/LRX-90-2013.pdf

    The landlord has sought to recover legal costs (over £6000 for a £300 debt !), using...
  15. Thread: Ground rent

    by andydd
    Replies
    3
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    142

    The solicitor/conveyancer should deal with isues...

    The solicitor/conveyancer should deal with isues like this as mentioned above, its worth noting that if legal action/bailiffs had been involved the judgem,ent would of been against the previous...
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    IUtr depends on what the lease says, it sounds as...

    IUtr depends on what the lease says, it sounds as if the whole garden is common land demised to the freeholder therefore he could claim that it is a breach to errect a shed, you say 'practically...
  17. Replies
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    189

    Maybe the tenant is clued up on l&t law and...

    Maybe the tenant is clued up on l&t law and hasn't paid because he knows he doesn't have to, as by the sounds of it your demands are invalid, be careful as a wise tenant could run rings around you...
  18. Replies
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    304

    As lha had mentioned it sounds as if the fh has...

    As lha had mentioned it sounds as if the fh has limited knowledge of leasehold law and how service charges should be demanded and its likely that any current and maybe previous demands were/are not...
  19. Replies
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    287

    Leases dont generally go into deatils about...

    Leases dont generally go into deatils about types/sizes of pet, in fact, I cant recall any giving exceptions of guide dogs which could of course be problematic.

    Its all down to the lease, my lease...
  20. Replies
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    The Unfair Terms legislation has been used...

    The Unfair Terms legislation has been used succesfully in some cases but Im unaware of any LH related cases and in any event I doubt whether saying No Dogs is in any way unfair, as LHA has pointed...
  21. From initial reading, no, it doesnt sound as if...

    From initial reading, no, it doesnt sound as if the proper consultation process was followed, if not (and a Court/FTT agress) then you would only be liable for £250 per leaseholder, of course this in...
  22. i find it unlikely that a BBQ would invalidate...

    i find it unlikely that a BBQ would invalidate insurance, many millions of ppl may be in trouble if it did.

    But as mentioned it is always good not to annoiy neighbours, perhaps you could write to...
  23. Replies
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    219

    Read your lease, it should give you certain...

    Read your lease, it should give you certain rights to quiet enjoyment and various similar phrases to be able to live in your property without nuisance.

    If he is breaching them various legal...
  24. Replies
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    162

    Have a good read of the lease, we assume that the...

    Have a good read of the lease, we assume that the LH is allowed to sublet ?. Leases often have clauses such as above not to cause a nuisance or behave in a certain way, although for a single incident...
  25. Indeed althought the new rules still rely on...

    Indeed althought the new rules still rely on wasted costs or on the other party acting unreasonbly, and that from what Ive read the bar is set quite high.

    Found this site which explains all and is...
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