And win. Will it benefit all the leaseholders affected by that service charge or just the one named on the court papers?
If one leaseholder takes a housing association to court...
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As 'leaseholder64' has said, other leaseholders should be given the opportunity to join in if the case is about service charges that they also contribute towards, or something else that involves them.
If they don't join in as a named applicant or respondent, there is no obligation for the freeholder to pass on the benefits of any decision (this applies regardless of whether the freeholder is a housing association, private freeholder, or whatever).
In some cases the freeholder might chose to give other freeholders the benefit of any reduction in service charges that is won, in other cases they might chose not to.
Although the tribunal system, and some courts, are supposed to be low cost, the reality is that taking a freeholder to tribunal will usually cost several hundred pounds, even if no paid legal advice is obtained, (application fee, hearing fee, printing/photocopying costs for 6x copies of a hearing bundle that may well include several hundred pages, stationary, files, postage costs, etc.).
The applicant might get the application fee and hearing fee refunded, but there is no guarantee of this and other costs are unlikely to be refunded.
If everyone is given the reductions it is likely to mean that the leaseholders who did nothing end up better off financially as well as having put in none of the work involved in taking the freeholder to tribunal.
Additionally, and perhaps more importantly, there may be small, but important, differences that won't have been heard by the tribunal/court that might mean that the other leaseholders wouldn't have been awarded the same reductions even though many of the factors under consideration would be the same. In many tribunal decisions, where the cases of two or more leaseholders are heard at the same time, the decision specify different amounts that will be payable by different leaseholders.
Are you the leaseholder named in the court papers?
Or are you a leaseholder who is hoping to get the benefit of someone else's fight?
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Are they contributing to the same service charges? If they simply have a similar lease, but a different service charge fund, they wouldn't be able to join in the action, although they might be able to cite it as a precedent.
Case reports are produced for decided cases, so you could look for the final decision.
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by surfer6Where the garages are is not conducive to any other building but garages. As a side note not all the flats came with a garage, perhaps thats why some were sold ok. 1 was going to be bought by a BTL landlord and they pulled out. Crazy situation but never mind now, you never know this buyer may still...
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Channel: Long Leasehold Questions
26-06-2022, 21:31 PM -
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by surfer6Hi, am selling my flat that has a long lease but the garage that comes with it has a separate lease which only has 41yrs left. Started the lease extension through the management company and got the quote from them for new length of lease and cost so process was all started.
Got an email...-
Channel: Long Leasehold Questions
24-06-2022, 16:50 PM -
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by JK0I'm wondering if freeholder put the block on garage lease extensions as he plans to one day demolish them, or build on top.
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Channel: Long Leasehold Questions
26-06-2022, 20:59 PM -
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by surfer6Thanks guys, well I am lucky in that I am in the position that I do not have to sell, only reason for selling was to buy my eldest son a place of his own. This is the 2nd buyer now, 1st was a BTL landlord and I will find out if this 2nd one pulls out or buys next week, I would imagine the latter to...
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Channel: Long Leasehold Questions
26-06-2022, 20:01 PM -
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by Gordon999I suggest you buy a copy of the site plan for freehold title of building from Land Registry Online website. It costs £3 to download and check if garage is within site boundary . You may have to seek a 90 year lease extension for your maisonette and garage ( apurtenant property as Lawcruncher...
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Channel: Long Leasehold Questions
26-06-2022, 19:30 PM -
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by sgclacyYou may have to bizarrely extend the flat lease from 940 years to 1030 and include the garage in your notice of claim as advised above
I suspect the amount of the premium will be very small and dwarfed by the total professional fees on your side and that if the landlords...-
Channel: Long Leasehold Questions
26-06-2022, 19:23 PM -
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by surfer6The Garage is just around the corner and access is from a service ally and is marked on the lease for the flat as are all the garages that come with these maisonettes. The maisonette has a 940+yr lease left, garage 41yrs. I cannot seem to sell the property without extending garage lease. Garage is on...
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Channel: Long Leasehold Questions
26-06-2022, 18:45 PM -
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by sgclacyThe garage lease not being a residential lease would not be effected by the leasehold reform (ground rent) act 2002 - so a lease extension can contain a ground rent and you have no statutory right to extend the lease...
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Channel: Long Leasehold Questions
26-06-2022, 15:18 PM -
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by LawcruncherThe position seems to be that you can extend both leases, but not the garage lease on its own: See here: http://newsontheblock.com/questions-...a-garage-lease.
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Channel: Long Leasehold Questions
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