Reasonable Costs associated with RTM Claim

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    #31
    Macromia and Gordon999. I really appreciate your help with this. It continues.

    Having withdrawn the original notice and served a new one with the changes made (even though the consensus on this forum appears to be that they were not needed), the management company have gone straight back to the solicitors who are now demanding I supply them with proof that the changes have been made, also proof that the invitation to join the company was presented properly to the third flat (I've got the registered letter receipt and a copy of the letter). I can't see any reason for this other than that they've deliberately held it back in order to delay further (otherwise it's another strike against their competence).

    I now envisage them trying to charge again for their services. I'm in a bit of a quandary what to do next. They haven't actually issued a counter notice, so I'm wondering whether to: 1. Sit tight hoping the notice's one month deadline passes without a counter notice, but ready to go to tribunal if one appears. 2. Tell them to do it themselves. 3. Provide the information they request and demand an end to it. 4. Invoice them for 3 (as far as I can see, I may be obliged to provide that information, but I can't see anywhere I have to provide it for free.)

    Any feelings on this? At the moment I feel like I'm being driven into a corner.

    Comment


      #32
      It's a bit strange that having sent a new notice of claim with the changes made that they are now asking for proof that the changes have been made. Surely the notice of claim is itself the proof?

      Maybe they want to see the register of members for the company to see if the other flat has been correctly recorded as a member. I would just supply the information they've asked for.

      It's annoying but I suggest that the focus now should be on getting the claim through without further challenge and if this is all they need to satisfy themselves that it's a valid claim then it may be worth doing.

      Also I assume that the bill you've already received was for their work in dealing with the claim that was withdrawn? In which case I think that you will receive another bill for their handing of the new notice of claim.

      Comment


        #33
        Cheers, Chris1544, that's the direction I'm leaning. I just worry they'll then come back with something equally trivial they've been saving. And I do strongly object to the fact that I'm getting a huge bill from them for interfering in what should be a straightforward changeover, and at the same time, I have to do all the work.

        Comment


          #34
          I couldn't agree more. For small properties there is definitely more work involved on the side of the leaseholder in preparing the various notices etc then there is for the landlord's solicitors.

          I forgot to mention in my earlier post but with regard to charging the solicitors for the information, you could do that but you should bear in mind that you will be paying the landlord's reasonable costs in dealing with the claim.

          Therefore what is likely to happen is whatever you charge will be charged back to you in the bill you receive, possibly with admin fees added on top for making the payment.

          Comment


            #35
            Good point, Chris - though as a normal human being I'd argue that wasn't reasonable. But we're not dealing with normal human beings. Mind you, if they paid it and I had to pay it back, there'd be no net loss to me, but at least they'd suffer the delay and some of the annoyance I have to go through jumping through pointless hoops.

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              #36
              Grendel, apologies for not replying sooner. Unfortunately the details of our FTT judgement are not yet publicly available.

              Regarding my specific case, the freeholder has now applied to the Tribunal for determination of costs seeking total costs of ~£1,900. We counter offered ~£1,400 to which they've given us 1 week to accept the sum of £1,600. Again, any thoughts/advice on whether there is merit in pursuing this further would be gratefully received.

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                #37
                It's so frustrating that this FH could use the argument that the claim does not identify the premises when his company are responsible for the Appeals Court decision which led to RTM not being applicable for multi block claims in the first place. If that hadn't happened we could simply use the definition in the lease, which defines the estate, not each individual block.It's HIS legal teams which have created this issue; RTM claims are just trying to adhere to the fallout from that decision.

                It's the legal equivalent of driving into someone then suing them for denting your bodywork.

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