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23

Nov, 2014

Sunday

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  1. Replies
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    Are you (or whoever has the Freeholder hat on)...

    Are you (or whoever has the Freeholder hat on) complying with all the required legislation for the payment of service charges ?. 18 month rule, summary of rights, £250 limit consultaion, s47/s48...
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    Yes my FH proves your last point as he appears to...

    Yes my FH proves your last point as he appears to drift from in house to an external company (some FH's do this purely for monetary reasons as the lease says they can only charge for employing a...
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    523

    Thought I'd ask LEASE about this. Here is the...

    Thought I'd ask LEASE about this.

    Here is the reply.

    Dear Mr

    Thank you for your enquiry of 17/11/2014.

    I confirm that landlords who self-manage are not under an obligation to...
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    Limitation - Six v Twelve years

    Everyones favourite question is back.

    A recent UT decision is here > http://www.landstribunal.gov.uk/judgmentfiles/j1087/LRX-55-2011.pdf

    And the winner is............*drum roll*..12...
  5. Does depend on the lease, it may have a clause...

    Does depend on the lease, it may have a clause obliging leaseholder to do certain repairs and if not the FH can take action (but as you point out, this doesnt help you, if his does nothing).

    As...
  6. AS LHA has explained, service charges are not (or...

    AS LHA has explained, service charges are not (or at least should not !) be plucked out of thin air, they are based on actual expenditure that the freeholder has spent on the property for your...
  7. An FTT might come to a common sense definition of...

    An FTT might come to a common sense definition of a window in your case, as LHA has mentioned, these issues are quite common regarding Windows and Window surrounds.
  8. Replies
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    I stand by my advice, I didnt actually get...

    I stand by my advice, I didnt actually get default judgement, the trail day came and the FH couldnt explain his own accounts so just admitted the full amount of my claim, BUT I have been in same...
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    If the FTT to Enforcement route is not clear...

    If the FTT to Enforcement route is not clear starting a CC small claim is not difficult, I had success with this, I actually won as the FH cocked it up and didnt provide evidence so I got my costs...
  10. Leases often say that the FH must act in cases...

    Leases often say that the FH must act in cases like this, does yours say anything along these lines ?

    I guess if the lease has such a clause you could sue the FH for damages or gain a specific...
  11. Ive got copy of it somewhere if anyone needs it.

    Ive got copy of it somewhere if anyone needs it.
  12. Replies
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    Asking tenants for copies of the leases would be...

    Asking tenants for copies of the leases would be rather odd and i dont think they would be under any obligation to send them to you.

    Leases dont change, they stay in their original form and are...
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    Would an FTT not be able to judicate on this ?

    Would an FTT not be able to judicate on this ?
  14. Replies
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    In my case, I started a seperate Couty Claim,...

    In my case, I started a seperate Couty Claim, this was useful as the LVT decison was rather vague and it wasnt clear exactly how much should be refunded to me, the FH decided on one figure and...
  15. Works for me...

    Works for me...
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    Are the others happy to sit and watch as the...

    Are the others happy to sit and watch as the property crumbles and affects the income they can get from tenants ?
  17. Replies
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    Basically no you cant delay them. And not having...

    Basically no you cant delay them. And not having the funds prob isnt a real valid reason, flor very large costs, some FH allow the costs to be split.

    You could respond to the consulatation process...
  18. Im not sure what your exact question is ? But...

    Im not sure what your exact question is ?

    But Sweetman appeared to say that the cost of insurance could be almost anything and quite high IF the landlord made a reasonable attempt at getting...
  19. Aha..My Freeholder :), I've had fun and games...

    Aha..My Freeholder :), I've had fun and games with him and mostly (about 95%) in my favour.

    I've got a copy of this too, it used to be quoted quite a bit but its rather an old case now and has...
  20. But we do not know that the OP "owes the money"...

    But we do not know that the OP "owes the money" as a S166 demand may not been sent and you are incorrect to say that "ground rent is payable", pre 166 this would of been the case that GR was...
  21. Surely we use #, as that is the sytem as used by...

    Surely we use #, as that is the sytem as used by the forum, so I agree with post #25. :)
  22. Not arguing, just pointing out advice to people...

    Not arguing, just pointing out advice to people who come here, they want to know the legal position and I believe I have explained it to them, your comments in #9 would appear to show that you dont...
  23. But your claim is that the amount is fair and...

    But your claim is that the amount is fair and payable, full stop. But as LHA cleary states above, "If the bills have been correctly served, ", your posts make no such mention and I'm bringing this...
  24. Hang on..Its not 'pay up, end of story' at all. ...

    Hang on..Its not 'pay up, end of story' at all.

    As we have discussed above, the amount of £55 may well be considered reasonable BUT unless valid ground rent demands have been sent AND the lease...
  25. 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...
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