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Apr, 2015

Tuesday

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  1. Replies
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    143

    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...
  2. 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...
  3. 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...
  4. 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.
  5. 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...
  6. Replies
    5
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    241

    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...
  7. Sounds to me that the single light is for the...

    Sounds to me that the single light is for the communal hallway, the cost of which would normally be split amongst the LHs and billed as a service charge, what does the lease say about this ?
  8. Replies
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    241

    I dont believe the FH is obliged to reply he is...

    I dont believe the FH is obliged to reply he is though supposed to have due regard to your comments, and if a challenge is later made at an FTT he would have to justify decisions he made especially...
  9. Replies
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    520

    Ram's answer is the most obvious, there are of...

    Ram's answer is the most obvious, there are of course various noise regulation laws but that could be a minefiled.

    Nearly every lease does have some sort of quiet enjoyment clause and if breached...
  10. Replies
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    394

    Youve asked the same question twice and its been...

    Youve asked the same question twice and its been answered twice by myself and mattl.

    The HA cant unilaterally make such a decision.
  11. Replies
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    263

    Who asked for the deed of variation ?. A deed can...

    Who asked for the deed of variation ?. A deed can only be agreed by both parties (the FH & LH), if you instigated this, and would have to bear the cost, it may be reasonable to just offset money you...
  12. Replies
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    239

    Unfortunately most flats in the UK will be...

    Unfortunately most flats in the UK will be leasehold and there is limited scope for an alternative, even share of freehold and RTM leaseholds can be problematic.

    As for the question itself, in...
  13. Well ultimately you cant refuse the works be...

    Well ultimately you cant refuse the works be done,. it is the FH's property, you as LH just rent.

    The S20 process is a 'limited' safeguard for the LH to get alternative quotes and questions the...
  14. Replies
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    Depends on the lease, a LH is under no obligation...

    Depends on the lease, a LH is under no obligation to pay in advance if the lease doesn't allow or there is no sinking fund, this could of course cause problems for a RTM but they should of read the...
  15. Yes Animal is right, there is lots of FTT/UT case...

    Yes Animal is right, there is lots of FTT/UT case law to read on this, this might clarify it for you.
  16. The important bit is that you say the managing...

    The important bit is that you say the managing agent says 'in his view' the roof needs replacing, is he an expert ?, if he had a survey done by a surveyor and they concluded that the rood needs...
  17. Replies
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    394

    Generally..NO..thee lease is the contract between...

    Generally..NO..thee lease is the contract between Fh and Lh and any change must be an agreement between both parties..a deed of variation.

    As mentioned by mattl, this can be done without agreement...
  18. If you were to start a court/FTT claim the onus...

    If you were to start a court/FTT claim the onus of proof would be upon you to prove a demand had indeed been sent, you would at the very least have to show a copy of the demand, without this I doubt...
  19. Generally yes, assuming the lease allows. Many...

    Generally yes, assuming the lease allows.

    Many have a clauses such as 'any other expenses in managing the building', this is prob wide enough to allow the FH to charge a fee or to employ a...
  20. Replies
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    183

    It may be the case that the LH knows something...

    It may be the case that the LH knows something you dont, my FH, a major name with many properties, has taken legal action against me on multiple occasions, represented by solicitors and barristers,...
  21. Replies
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    183

    There doesn't appear to be any hard and fast...

    There doesn't appear to be any hard and fast rules as to when/if a mortgage company should offer to 'pay up' and protect its interest, some may pay early on but they should really wait until there is...
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    183

    One obvious solution would be top just sue the LH...

    One obvious solution would be top just sue the LH for the amount owning, instead of following the S146/forfeiture process, forfeiture is very rarely granted, (although it may result in the monies...
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    S47 Does not apply.

    Interesting UT decision here. > http://www.landstribunal.gov.uk/judgmentfiles/j1129/LRX-56-2014.pdf

    On first reading, it appears that the FH/MC has no chance of winning as the FTT has already...
  24. Replies
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    Huh ?. Im talking about the cost of the property,...

    Huh ?. Im talking about the cost of the property, I havnt been quoted anything.
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    I'm not sure we can say that it was bought at a...

    I'm not sure we can say that it was bought at a discount, my property a maisonette too would only fetch a bit more now.
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