Vexacious claims against the management company

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    Vexacious claims against the management company

    Hi,

    I am a long leaseholder, and we have a difficult house on our estate. They're currently pursuing vexatious claims against our management company which the judge urged them to proceed with caution and to seek legal representation. This has resulted in the manco sending out correspondence from the legal company setting our their opinions of the case its to do with seeking to have the lease voided and ground rent refunded.

    Anyway…. they have attempted and lost 2 times to sue the developer once to the legal representation and now are going after the MANCO. They are serial litigants and have threatened neighbours with legal action, their current bill is circa 12k. And we're looking to seek costs against them

    We're looking into a Civil Restraining Order, but in the meantime I wondered if anyone knows if there is likely to be a clause in the lease referring to legal action against the management company or if this might be standard in long leases.

    I have read through it but it is pretty complicated, I am thinking of writing a joint letter on behalf of enough of the houses to try and put an end to it.

    #2
    People are entitled to sue. They are also entitled to vexatiously sue until a court declares it as such (or declares that they have no standing to sue the entity they are suing). Can't see how a letter from the houses will help.

    If there is no substance at all, then there is no substance at all. What are they saying you did wrong?

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      #3
      If there is no merit to a case, it will be struck out and costs will be awarded against the leaseholder in favour of the manco.

      It is far more likely that there is some valid argument and it would be in your best interests to get both sides to sit down, discuss their differences and try to reach some sort of compromise, which is acceptable to both of them. Alternative Dispute Resolution eg mediation is another alternative.

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        #4
        We sat down yesterday and tried to understand their case, but I don't think this couple have legal representation and wouldn't give us as residents any details of their case.

        Essentially they're saying the MANCO couldn't give consent for alterations they're in breach of contract and therefore owed their ground rent payments. Because they emailed the MANCO and asked for permission for alterations and they said it isn't in their remit.

        We think this may of started because of a simple mix up in terms of communication.

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          #5
          Disputes often start with a misunderstanding or lack of communication, you should try to avoid it escalating and the costs getting out of hand.

          Try drawing a line in the sand, starting afresh and try to resolve your differences. Alternatively, perhaps you can jointly appoint a solicitor or a surveyor to make a decision which would be acceptable, It is rarely in the interests of the parties to enter into battles when a compromise could be reached.

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