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Apr, 2014

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  1. #1
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    Default section 25 LTA 1985 - reported case

    I've just been going through my old bookmarks which are in a total mess and have come across an old article which I thought I'd lost.

    This may come in useful to people who are contemplating bringing their own case in the magistrates court. This case was a long time ago but not only did the LL's get a fine but the tenants were awarded £7000 in costs, so using a solicitor, or even the one these tenants used, could make legal action a lot easier for those put off by bringing a criminal case themselves.

    Here's the link - http://www.independent.co.uk/arts-en...k-1148129.html
    I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

  2. #2
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    While the LA can prosecute, will they?

    These days as Churchill says " Oh no".

    Some do some dont.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  3. #3
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    Quote Originally Posted by leaseholdanswers View Post
    While the LA can prosecute, will they?

    These days as Churchill says " Oh no".

    Some do some dont.
    I was presuming that it wasn't the LA that prosecuted. The article says that somebody called 'Peter Clark' represented the tenant and I had presumed that he worked for one of the solicitor companies mentioned in the article but could be wrong.

    I think £7000 in costs is a lot for a LIP (or it could be a punitive costs award if the magistrates do that sort of thing (I wouldn't have thought so though).

    I've always shied away from going to the Magistrates Court with a private prosecution because I fully expected it to be a case of the blind leading the blind. A LIP in a criminal environment dealing with a Magistrate who has most likely never seen such a case before. I had forgotten about this case and now that I see the award of £7000 in costs I think the trick might be to get a lawyer to act for you. I imagine bringing a prosecution would be something not many lawyers have experience of either but they could probably do a better job of it than a LIP.
    I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

  4. #4
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    It was a private prosecution- the point I was making is that LA's can but likely won't.

    In the case of insurance and summaries its relatively simple you either do or don't ( barring say a messed up certificate which bearing in mind ICAEW views its possible) If a Landlord simply hasn't, then the M has little choice, and the Clerk or Lay advisor ( so I am told they are now called) can point them to the relevant legislation.

    having been on the receiving end when of course it should be the freeholder/client from a vitriolic and clearly word blind leaseholder who couldn't understand that the difference between one month and 6 months of the years end, despite the certificate being produced in 6 weeks after the year end. It was easily disposed of and I got costs. If you are claiming that the certificate was produced but insufficient or deficient yes use a solicitor. s a criminal solicitor he will need counsel to explain to him

    http://www.justice.gov.uk/courts/pro...inal/rulesmenu
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  5. #5
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    Interesting,still I doubt whether any LH still really want the hassle of a private prosecution but they could refer to this case, I wonder how many there have been in the 5 years since ?

    Andy
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

  6. #6
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    Quote Originally Posted by andydd View Post
    Interesting,still I doubt whether any LH still really want the hassle of a private prosecution but they could refer to this case, I wonder how many there have been in the 5 years since ?

    Andy
    It's now 2013 Andy.

    You might try that on with the taxman ....LOL
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  7. #7
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    It only seems like yesterday!

    I once got told by LEASE-ADVICE that there had not been 1 prosecution in regard to failure by the LL in regard to RFR. I always doubted that he (the adviser) would have the means of knowing such a thing.
    I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

  8. #8
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    One reason is that its a fee earner for most landlords and agents if asked. I cant remember the last time I saw a paper policy unless asked for.

    I remember agreeing an NU portfolio and asking for documents as leaseholders will ask. They offered free boxes of them, and when I asked for 500 to round it up it cost some silly amount of £40 or £50 on the whole portfolio. They felt that it denuded their image if photocopies were sent out, so we charged a fee any way, and could justify as NU did charge....
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  9. #9
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    I'm in a time warp..my clothes prove it , I meant 15 years.

    Andy
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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