How often does Right To Manage Application objections reach the Court Of Appeals?

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  • eagle2
    replied
    Hi Benzo, your FH is stretching it out to the limits, but I suspect that you are not surprised based on your history.

    I have found a couple of other cases which have reached the Court of Appeal but they are rare, most FHs would have given up by now.

    I am sure that there will be long celebrations when you eventually succeed.

    Leave a comment:


  • How often does Right To Manage Application objections reach the Court Of Appeals?

    Pretty straightforward question, this. We won our RTM last year, following a counter notice from our FH, which was dismissed as nonsense. They appealed this decision; which Tribunal denied. They then appealed to Upper Tribunal, which after a few months has been denied as 'there is no chance of winning an appeal'. The only place to go from here is the Court of Appeal.

    I understand it's quite rare for a RTM to progress to the Court of Appeal. Anyone have any idea how rare?

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  • Reply to Service Charge Percentage Wrong
    by leaseholder64
    96 @ 1% is 96%, 4% short.

    100 @ 1.11% is 11% over, which if the same for all 100 flats would immediately make the lease defective.

    1.11% makes more sense for 90 flats, where is is only very slightly under.

    I can't see how they can charge you 1% of anything. However,...
    19-11-2019, 00:48 AM
  • Service Charge Percentage Wrong
    by gidoc
    Dear all,
    I hope this forum can guide me to the next step. I have a leasehold apartment, which I purchased in July 2007. I have never been able to go through the whole lease esp the page no1, which clearly defines the service charges as 1%. I am however been charged 2%( extra 1% for communal areas,...
    17-11-2019, 21:47 PM
  • Reply to Service Charge Percentage Wrong
    by gidoc
    You seemed to have missed the point of extra charges:
    I am paying Block cost 1.1%, ( in the lease) and Estate cost 0.99% ( in the lease) and Internal apartment cost 1%( NOT in the lease)
    why am I paying this extra 1%- which a similar apartment is Not paying !!...
    19-11-2019, 00:13 AM
  • Reply to Service Charge Percentage Wrong
    by AndrewDod
    The lease says that you pay 1.11% of the Block Costs (as defined) and 0.99% of the Estate Costs (as defined). It does not say any different. What your friend pays is irrelevant. Your usage of lifts (or otherwise) is totally irrelevant.

    You are on to a loser arguing that you do not pay what...
    18-11-2019, 23:37 PM
  • Reply to Service Charge Percentage Wrong
    by gidoc
    block cost is 1.11% for all flats, say 100, internal area cost is an extra 1% paid by say 96; some- 4 do not use internal areas and do not pay this extra 1% ( I have found one such flat owner with same configuration as my flat, he doesnt pay this extra 1%)....
    18-11-2019, 22:42 PM
  • Reply to Service Charge Percentage Wrong
    by gidoc
    INTERNAL AREAS- includes maintenance of internal communal area, Lift and its operations

    Why should I be paying for these? Even if I have to, should it not be in the 1.11% Block cost...
    18-11-2019, 22:37 PM
  • Reply to Service Charge Percentage Wrong
    by leaseholder64
    Paying less than 1.11% of the internal costs doesn't make sense, as you seem to be saying that cost is spread over a smaller number of flats. I.E. it would imply that of the 90 flats paying block costs, 100 have to pay the internal charges!
    18-11-2019, 22:35 PM
  • Reply to Service Charge Percentage Wrong
    by leaseholder64
    Nothing in what you have quoted excludes the internal common parts.
    18-11-2019, 22:31 PM
  • Reply to Service Charge Percentage Wrong
    by gidoc
    This is what is in my lease. However I have been paying an extra !% for INTERNAL AREAS, which includes maintenance of internal communal area, Lift and its operations- all of which my flat doesn't use

    the % is calculated from the - Total anticipated expenditure of the entire apartment b...
    18-11-2019, 22:11 PM
  • Reply to Service Charge Percentage Wrong
    by gidoc
    Here it is - have edited some of it

    COUNTERPART L E A S E
    of Apartment Number xxxx


    LESSEE'S PROPORTION OF MAINTENANCE EXPENSES
    Block Costs - Part A Proportion -1.11 % Estate Costs - Part B Proportion - 0.99%

    Block costs includes- Repairing re-building...
    18-11-2019, 22:03 PM
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