LH successful at FTT

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    LH successful at FTT

    Thought I'd post this new FTT decision as it shows how successful a leaseholder can be and how often the landlord who does not comply with the lease and/or law can come a cropper..in this case the amounts of £4332 Service Charge and £664 Admin Charges were deemed not payable as they were demanded in advance.

    Many FHs love to obtain amounts in advance but if the lease doesnt allow this (and many older ones do not) he simply cannot.

    This has many similarities with my battles with my FH..and in fact..the Judge (Ashworth) and Chair (Eddinhton) are the same.

    https://assets.publishing.service.go...ex_SS0_8BS.pdf

    Note this is the new location for 2018 onwards FTT decisions
    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.

    #2
    It seems to be a temporary reprieve for the service charges, which will now be charged in arrears. Although no sinking fund can be charged, the full cost of repairs will be charged instead. The leaseholders has succeeded with the administration charges. The question of costs does not appear to have been addressed, maybe that will be for another day.

    Comment


      #3
      There is case law, the name escapes me. which states that the landlord does not need to strictly comply with the precise terms of the lease. I shall try to find it.

      Comment


        #4
        Originally posted by eagle2 View Post
        There is case law, the name escapes me. which states that the landlord does not need to strictly comply with the precise terms of the lease. I shall try to find it.
        The lease is the contract between the parties so it would be rather odd to allow parties to deviate from it....
        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


          #5
          It is very common for contracts to be breached. The courts will normally only act if a party has suffered a real disadvantage, as a result.

          Comment


            #6
            Originally posted by eagle2 View Post
            It seems to be a temporary reprieve for the service charges, which will now be charged in arrears. Although no sinking fund can be charged, the full cost of repairs will be charged instead. The leaseholders has succeeded with the administration charges. The question of costs does not appear to have been addressed, maybe that will be for another day.
            It maybe a case that the FH has had his go in court and lost and a claim for the same amount would be a second attempt and thus an abuse of process, I've successfully used this argument..and the Judge agreed..and in the case..the same one..the FH has had to simply write off that amount.
            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


              #7
              I am thinking of LB Southwark v Woelke 2013 UKUT 349 (LC) which emphasised that service charge provisions should not be construed in a legalistic or technical way but a businesslike approach should be adopted.

              The Tribunal seems to invite the landlord to go away and issue correct demands. Para 1

              The interesting part is “The Future” section paras 40-43 where the Tribunal invites the parties to have a meeting, “agree to a revised service charge regime to meet modern standards” para 46 and recommends a “properly planned sinking fund” para 40. It recommends Deeds of Variation at the expense of the landlord para 43.

              Comment


                #8
                It was very optimistic of the Tribunal to expect the parties to reach agreement when the leaseholders are seeking a new manager, they probably cannot agree the day of the week.

                Comment


                  #9
                  This is great. Nice to read and good to know there are sensible judges / chairs out there.

                  Just a quick question - how dd you get to the parent site to search for the FTT judgements? I've tried going to https://assets.publishing.service.gov.uk and I get a page not found.

                  Comment


                    #10
                    Yes..Judge Ashworth has been great for me....and clearly was not impressed by my Muppet FH nor his solicitor. Eddington at the FTT I found less helpful in my FTT case and he made some odd comments but generaly does seem fair..although its a bit worrying that most of his decisons are cut n paste jobs using his previous ones

                    Yes that link doesnt work..its here

                    https://www.gov.uk/residential-prope...unal-decisions

                    Although its search/filter is a bit lacking, the old site allowed you to filter by area
                    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

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