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Apr, 2014

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  1. Thread: Legal Charges

    by andydd
    Replies
    3
    Views
    111

    What do you mean 'claimable against rental...

    What do you mean 'claimable against rental income', is this a tax question or a service charge/leasehold one ?
  2. Final as in they apply now.

    Final as in they apply now.
  3. A plan so cunning it can only be thought up by...

    A plan so cunning it can only be thought up by Baldrick, the case of Phillips v Farncis > https://anthonygold.co.uk/latest/legal-insight/service-charge-s20-consultation-shock-for-landlords dealt with...
  4. You are only liable for costs actually incurred...

    You are only liable for costs actually incurred by the LL, the trouble is if you fchallange this, the LL may say the service chrage was £100 and here is the invoice for £100, now he may have got a...
  5. Thread: Leave to appeal

    by andydd
    Replies
    3
    Views
    135

    I think its 21 days, my application was received...

    I think its 21 days, my application was received on the 21st day and the LVT were clearly confused as to whether it was in time or not and they covered both bases in their reply, this is a bit...
  6. Replies
    27
    Views
    773

    MCOL is Money Claim Online, its just the early...

    MCOL is Money Claim Online, its just the early stages of a court claim, it will in time be allocated to a local court (prob the leaseholders) and then allocated to track, directions, etc.

    I think...
  7. Replies
    27
    Views
    773

    First of all..it wouldnt be a 'summons', that is...

    First of all..it wouldnt be a 'summons', that is for criminal matters. Your landlord would of starting a civil claim at county court.

    I disagree with RAM's advice that you must pay and dispute it...
  8. Replies
    6
    Views
    126

    But it appears that the FH is not proposing a...

    But it appears that the FH is not proposing a survey is done BEFORE the works but a surveyors is employed just to 'look over' the quotes.

    My FH has had surveys done and the cost (if there was any)...
  9. Replies
    6
    Views
    126

    It does depend on the wording of the lease but...

    It does depend on the wording of the lease but for building costs that are on the low side then an additional £350 does appear a bit OTT, it is normal for some extra management/admin charges to be...
  10. Replies
    6
    Views
    194

    You maybe right, maybe my FH's solicitor could of...

    You maybe right, maybe my FH's solicitor could of argued at the summary judgement hearing that the case should not be dismissed summarily and should go forward to a full hearing and maybe transfer to...
  11. Replies
    6
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    194

    Ram, I disagree with you here. The law is the...

    Ram, I disagree with you here.

    The law is the law..S47 is clear in black and white. It cant just be ignored when an LVT feels like it, I'd agree with LHA that an appeal would have a very large...
  12. Replies
    6
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    194

    GGrr..S47 of LTA 1987

    Here's an annoying LVT decision.

    http://www.lease-advice.org/decisions/8587pdf/9001-10000/9532.pdf

    The Tribunal conclude that all the service charges are payable and that the LH's must refund...
  13. http://www.lease-advice.org/decisions/8587pdf/9001...

    http://www.lease-advice.org/decisions/8587pdf/9001-10000/9533.pdf

    Heres a FH doing everything wrong with no comeback (apart from being unable to collect service charges), it appears that the LH's...
  14. Replies
    11
    Views
    485

    (a)jointly by tenants of two or more flats if...

    (a)jointly by tenants of two or more flats if they are each entitled to make such an application by virtue of this section, and .
    (b)in respect of two or more premises to which this Part applies;
    ...
  15. The joys of leasehold. :) Even IF the FH were...

    The joys of leasehold. :)

    Even IF the FH were charged and convicted of fraud this doesnt preclude him from being a FH or MA anyway, S24 is possibly the only way to get rid of him but that has...
  16. I was overcharged ground rent for many years and...

    I was overcharged ground rent for many years and I suspect that the FH was well aware of what he was doing, I succesfully used Section 32 of Limitation Act in court which applies to 'fraud,...
  17. I suspect that you wont get far alleging fraud,...

    I suspect that you wont get far alleging fraud, this issue has been highlighted a few times by various LH groups, if you read through older issues of The Leaseholder (http://www.carl.org.uk/) it does...
  18. Replies
    4
    Views
    153

    And how would he know that ? In any event it...

    And how would he know that ?

    In any event it has no legal effect on whether the SC is owing or not.
  19. Replies
    10
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    653

    Surely we'll be using Bitcoin or Euro or the...

    Surely we'll be using Bitcoin or Euro or the Intergalatic Space Dollar by then ?
  20. The guide states "The required minimum number of...

    The guide states "The required minimum number of qualifying tenants must be equal to at least half the total number of flats in the building.", so yes, it would appear 9 is enough.
  21. 1. If he didnt send demands for GR that comply...

    1. If he didnt send demands for GR that comply with S166 Commonhold and Leasehold Reform Act 2002 than no, does the latest demand comply with it ?

    If no s166 complianyt demand(s) and he started...
  22. Replies
    0
    Views
    88

    FTT's ability to 'review' decisions.

    I've not noticed this before but Paras 53 and 55 of the new FTT Rules give an FTT the ability to review a decision, thus avoiding the need to go through the Upper Tribunal, although it appears that...
  23. Many FH's forget about this, in fact Ive never...

    Many FH's forget about this, in fact Ive never actually seen one ..my FH clearly has no idea about them but then again he cant serve the Service Charge one properlly either.

    Heres the new July...
  24. AS mentioned above, you may persuede an FTT that...

    AS mentioned above, you may persuede an FTT that £95 and £100 are excessive, there are plenty that conclude £25 is more reasonable, whether its worth pursuing an FTT for a small amount is upto you.
    ...
  25. Replies
    8
    Views
    177

    If lease says its demised to you, then its upto...

    If lease says its demised to you, then its upto you to fix it, the lease may or may not require you to fix it within a time period.

    If its upto the FH to repair than he should follow the £250 S20...
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