My landlord is claiming legal fees on a county court claim for service charges and administration charges, which are disputed. His solicitor says that he does not need to issue a demand for legal costs ie he can simply add it to the claim. Is that correct? I thought that a demand and a notice of tenants rights needs to be issued.
Legal fees on a county court claim
Collapse
X
-
Originally posted by AndrewDod View PostDepends if you are talking about costs relating to these court proceedings, or the cost of them chasing you for outstanding payments for a decade.
All legal costs that specifically relate to the specific court case can be decided by the court (and do not need to have been demanded in advance or with any statement of rights).
Legal costs relating to attempts to pursue you for payment can be included with the other charges that the case is concerned with and the court will then decide whether or not they should be paid.
If these costs have not previously been demanded as a service charge item they do not need to have been demanded with a statement of rights - but you can try and argue that they should have been demanded that way and let the court decide.
Comment
-
Originally posted by eoine View PostThey seem to be claiming costs both prior and relating to the court proceedings. The lease only refers to costs in or in contemplation of any proceedings or service of any notice under Sections 146 and 147 of the Law of Property Act 1925. The landlord has not mentioned those Sections.
In any court action either party can ask for the court to make a ruling on whether or not to order that one of the parties pays costs (or in some cases the court may decide to make an award without having been asked).
There is no guarantee that any claim for costs will be allowed, and the rules of the court, and the circumstances of the case, will be taken into account in any decision.
Comment
Latest Activity
Collapse
-
by LorimerI have just had a First Tier Tribunal hearing for a service charge challenge spanning the years 2014-2016. The FTT confirmed what I suspected - that I had overpaid 10K of service charges and that although the FTT is not in a position to order repayment to me, I might consider making a county court claim...
-
Channel: Long Leasehold Questions
18-04-2019, 09:01 AM -
-
by CANADA576Hi Lorimer,would love to know the outcome as I have a very similar problem with a persistent leak plus wrongly apportioned and exaggerate Buildings Insurance premiums from a landlord that owns 8 properties in a row, including mine.
-
Channel: Long Leasehold Questions
09-12-2019, 10:08 AM -
-
by propertyboyWill I have the same statutory right to extend after 2 years like another leaseholder regardless of the fact that the freeholder is the council?
Does it matter if you are a non-resident landlord? Can you extend your lease after 2 years if you are based overseas?...-
Channel: Long Leasehold Questions
08-12-2019, 17:49 PM -
-
by propertyboyHi all,
I do not have any appetite to buy ex-local stock and look to buy period property in London.
This is personal preference (lots of ex local supply and prefer victorian stock in a period property with 2-3 flats in the block).
Recently I have been looking at...-
Channel: Long Leasehold Questions
24-11-2019, 21:28 PM -
-
by LibraI am wondering what is the correct accounting report for an RMC, that is owned by the leaseholders / freeholders and also owns the freehold.
Has the Tec/03/11 been superseded? Is the Financial reporting standard 102 section 1A appropriate?
Is it correct to report that the reserve fund...-
Channel: Long Leasehold Questions
07-12-2019, 16:49 PM -
-
Reply to Correct Accounting report for an RMCby Gordon999The unspent service charge money including "reserve fund/sinking fund " belongs to the leaseholders. The RMC has to keep the service charge money in separate bank accounts called "client account" for which the bank will issue a letter to acknowledge the "client account"...
-
Channel: Long Leasehold Questions
08-12-2019, 14:00 PM -
-
Reply to Correct Accounting report for an RMCby Gordon999The RMC has to file its own "RMC company accounts" to Companies House and if it has no ground rent income, it will be filing dormant accounts.
The RMC has responsibility under the lease to collect the service charge money from leaseholders and arrange maintenance of the building...-
Channel: Long Leasehold Questions
08-12-2019, 13:44 PM -
-
Reply to Correct Accounting report for an RMCby LibraThank you Leaseholder 64. I
-
Channel: Long Leasehold Questions
07-12-2019, 20:05 PM -
-
by LibraHello...and thank you for listening
I am wondering if one could report the RMC directors to be unfit - several breaches of Companies Act - blackmailing / coercing the residents / misleading statements regarding the right to acquire the freehold - probably false accounting ( still investigating...-
Channel: Long Leasehold Questions
07-12-2019, 16:39 PM -
-
by LibraHello Leaseholder 64,
Thank your for your reply. I didn't think that they are the same issues ...that's why I started another post. I can now see how they can have a common point. To my mind, whether I can report the directors was different to what is the correct account report for a RMC. My apologies....-
Channel: Long Leasehold Questions
07-12-2019, 20:00 PM -
Comment