S168

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    #16
    If the lease owned by the leaseholder who won't pay out for repairs requires them to keep their property properly maintained, and work with the other leaseholders to maintain common parts (including contributing a share of the costs), and also contains a forfeiture clause, then you could, as a co-freeholder, apply to a tribunal as a litigant in person to ask for a determination of a breach of lease.

    The tribunal would consider precisely what the leaseholder's obligations are under the lease, and whether or not they are meeting them.
    Things that you have to be aware of are that 'repair/maintain' obligations don't usually include any obligation to pay for improvements to a property (so, for example, if the solution for damp problems is to install some type of damp-proofing that wasn't in the original building, there may be no obligation to contribute to this), and the tribunal might not consider the lease to require the leaseholder to contribute to all repairs (some repairs might not be adequately covered in the lease, and may therefore be determined to be the responsibility of the freeholders without any opportunity for costs to be recouped from leaseholders).

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      #17
      Macromia , thank you. We were already talking in another thread. I'm just reviewing all options prior taking action.

      By lease leaseholders to maintain the property in good repair , the lease is self repairing and the freeholder has no obligations to maintain the property.

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        #18
        Originally posted by Anna1985 View Post
        [
        By lease leaseholders to maintain the property in good repair , the lease is self repairing and the freeholder has no obligations to maintain the property.
        The precise wording of the leases can still be important.

        If the wording can be interpreted to refer only to the demised premises, the lessee can legitimately argue that they are not obliged to contribute anything towards the maintenance of communal areas.
        If this is the case, and the freeholder has no repair obligations, a tribunal would have to be asked to determine who should pay for maintenance of communal areas on the basis that the lease is defective. There would be no guarantee that they would agree that the leaseholder had any obligation, and may rule that the cost of repairing any parts not specifically mentioned as being the responsibility of the leaseholders falls on the freeholders.

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          #19
          That is interesting point you made Macromia, does anyone else have any experience of applying to the FTT as a freeholder (share I mean) for a determination that there is a breach of the lease?

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            #20
            I think I would be soon, although the application would be made in joint freeholder names

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              #21
              When you make the application under Section 168 (4) the Tribunal will request that you notify any mortgagee who has an interest in the flat to which you are taking action against.

              Needless to say the mortgagee will take the matter very seriously indeed and will appoint solicitors to protect their interest and may well exert the pressure you are looking to exert

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                #22
                sgclacy , thank you - very helpful.
                Is my understanding correct that I would need to contact mortgagee after I made an application to tribunal? And it would be done prior/post hearing?

                Also, does anybody knows how long would it be for tribunal to process a case?

                Currently small claims court is saying like end of 2021...

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                  #23
                  Originally posted by Anna1985 View Post
                  Also, does anybody knows how long would it be for tribunal to process a case?

                  Currently small claims court is saying like end of 2021...
                  I suspect that even the relevant local tribunal can't answer that.
                  It will depend on how many cases they already have waiting, and what restrictions are imposed between now and the date of any potential hearing.

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