LVT tribunal decision on who is responsible for replacement of door entry handset

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    LVT tribunal decision on who is responsible for replacement of door entry handset

    On 02/10/2012 on a thread titled "Who pays?" a member called "Leaseholdanswers" quoted from an LVT tribunal decision that said "a door entry handset is essential to the function of an entryphone system and its repair as a service charge cost should reflect that". I would appreciate it if anyone could give me any links or references to find this decision as I would like to refer to it directly.I am a leaseholder and the LVT decision seems relevant to my situation as the management company is saying that the service charge does not cover replacement of a handset. However, as discussed in the previous thread it is a communal system and the lease makes no specific reference to the intercom system or handsets.

    I have tried to PM "Leaseholdanswers" to get a link/reference to this decision but the system says the member has his quota of private messages and I see that member has not been on the site for several months, so I wondered if anyone knows where I might find this decision. I have looked on the tribunal decisions website but on my search about 11,000 results came up so I need to narrow it down to find this particular decision. Thank you in advance.

    #2
    For the cost of your internal handset ( i have bought a few ) it's not worth the trouble on here to debate.
    Just pay for the replacement handset, as it is only you that has use of it, and no one else, therefore your hand set is not communaL.

    Only the outside intercom is communal.

    You may not like my answer, but that is what I say to my leaseholders.

    Comment


      #3
      Has the handset been replaced ?. As above Id just do and pay for it myself unless its very pricey. For example my front door is damaged, Ive just bought a replacement for £20 and will fit myself, now it maybe that it should in theory be repaired by the FH and the cost recouped through the service charge (divided by 2 as there are 2 flats) but the cost would no doubt be a lot higher than £20.
      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.

      Comment


        #4
        This could be viewed either way - I run the RTM for a large block of flats with an entryphone system.

        The lease says the man co repairs and maintains the entry system, however when phones die, we bill the leaseholder for the parts to replace it. Our interpretation is that the phone is a fixture and fitting of the flat, the system itself works fine but the handset replacement should be billed to the leaseholder.

        In the same way we maintain the TV and Sky system but if your TV breaks we won't be replacing that.

        These things are always down to the interpreatation of the lease, it hasn't caused us any arguments yet - I would say going to the LVT over a £40 handset is OTT.

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