LandlordZONE

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Jul, 2015

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  1. Welcome to the wacky world of leasehold ! :)

    Welcome to the wacky world of leasehold ! :)
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    Yes..good point we didn't deal with. Is the FH/MA...

    Yes..good point we didn't deal with. Is the FH/MA in breach of repairing obligations ?
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    I think it may be possible to sue the MA if it...

    I think it may be possible to sue the MA if it was a tripartite lease and they were party to it, but normally leases are between Fh and LH, and the FH appoints the MA so any legal action would be...
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    Is this an annual amount that is collected, it is...

    Is this an annual amount that is collected, it is normal for many/most leases to be similar, i.e a sum is collected in advance and when actual costs have been incurred, if its too low then further...
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    I agree with andybenw, the above posts appear to...

    I agree with andybenw, the above posts appear to complicate the issue, whether or not a reserve fund is payable is purely down to the lease, although a voluntary agreement could be put in place if...
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    Nearly every lease has the S146 legal costs...

    Nearly every lease has the S146 legal costs clause, but does this enable to recoup ALL legal costs, IMO the legal costs are only recoverable IF the FH can show he is genuinely going down the...
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    1. Do the leases actually allow for legal costs...

    1. Do the leases actually allow for legal costs to be recovered ?, and are they recoverable through a service charge or admin charge ?, if service charge then the cost is normally split amongst ALL...
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    Leave it upto the loons at FTT to...

    Leave it upto the loons at FTT to decide...:(rofl):
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    Id say No too BUT how would living with an...

    Id say No too BUT how would living with an umarried partner be catagorised ?, are they 'family' ?. Could a close friend be ?, how distant would family be ?, a step brother, cousin, etc ?
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    As to the whether the Gr demands are recoverable,...

    As to the whether the Gr demands are recoverable, they are with the 6 (possibly 12) year statute limit and if served correctly would be payable BUT if they were sent to an incorrect address, (they...
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    madmaxwell, GR demands do NOT require a...

    madmaxwell,

    GR demands do NOT require a summary of rights, that applies to service charges and admin fees (it is possible that admin fees could possibly be incurred as a failure to serve VALID GR...
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    With respect, an unhelpful comment, the world we...

    With respect, an unhelpful comment, the world we live in is based on a laws, it is upto the FH to follow the relevant regulations and demand GR and Service Charges in the correct manner, IF the...
  13. I agree, there is nothing in a lease agreement...

    I agree, there is nothing in a lease agreement that would appear to give a FH the power to demand it anyway.
  14. My Fh approached the mortgage company for alleged...

    My Fh approached the mortgage company for alleged arrears, I cant recall giving him the info so I assume he just got the info. from land reg as above.
  15. Whoever said FTT members comments were 'sound'...

    Whoever said FTT members comments were 'sound' :). They range from ill informed to bizarre at times.
  16. But the lease may not allow this, if the lease is...

    But the lease may not allow this, if the lease is silent on advance amounts then the FH will have to incur the costs before he can recover it from the LH's, at my LVT the tribunal commented (wrongly,...
  17. Not quite accurate, there are many leases that do...

    Not quite accurate, there are many leases that do not allow the collection of advance/sinking/reserve funds and therefore the FH has to do the works first before he can get the money back, sounds...
  18. There seems to be a flaw in your 'argument' in...

    There seems to be a flaw in your 'argument' in that a contractor could demand payment in advance and thus the cost has been incurred by no actual works done.
  19. So it appears that there isn't a S20 process...

    So it appears that there isn't a S20 process actually happening at the moment ? No seller could guarantee that there are no future works in the pipeline.

    The problem you may find with large blocks...
  20. Id say generally no, it only applies to the LHs...

    Id say generally no, it only applies to the LHs named in the case BUT should another LH wish to make an application he would find that most of the work has already been done and one would expect...
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    There are some applications to the FTT that can...

    There are some applications to the FTT that can be done at no cost, cant recall what they are.

    It would seem that 90% of applications do involve an actual projected amount, its not really clear...
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    How do you know its 'in advance' ?. When it comes...

    How do you know its 'in advance' ?. When it comes to service charges, in advance would mean in advance of the date that actual costs, repairs, insurance were incurred by the freeholder.

    Ground...
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    Yes normally you would of been sent a demand and...

    Yes normally you would of been sent a demand and thus this would effect the FTT application cost, Im not sure about asking the FTT hypothetical questions, I did in my case and and got some bizarre...
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    In theory, yes, you should pay the full amount...

    In theory, yes, you should pay the full amount and make another FTT application BUT I wouldnt do this, it would again cost you and its unlikley youd get any costs back.

    Many FTT's have commented...
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    If the lease makes no mention of improvement then...

    If the lease makes no mention of improvement then its unlikley that the cost could be recovered full stop, so it wouldnt need to discuss apportionment.

    The cost is always as per the lease, FH cant...
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