S168

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    S168

    How crazy would it be to apply to the tribunal as litigant in person to ask them to determine a breach of lease re property disrepair ( the responsibility is on leaseholders, not freeholder) ?

    Opinions?
    Thanks

    #2
    What is your relationship to the person in breach?

    It would be almost essential for the landlord to apply to the tribunal for such purposes, and the original intent was that it could be done as LIP.

    Are there complex questions of law involved?

    Comment


      #3
      None.

      There is history of no repairs carried out on the property with issues logged to environmental health over the last 3 years and repairs only carried out when there was an enforcement notice from the council, which was 3 years ago. Since then there were more issues logged.

      Comment


        #4
        If you are not a party to the lease, I can't see that the FTT would take the case.

        Comment


          #5
          We need some more information please. Who are the parties to the lease, is there a managing agent involved? What type of works? When you say that the responsibility is on the leaseholders, do you mean that the leaseholders pay for the repairs? Who should arrange the works? Was the enforcement notice against the freeholder?

          What is the leaseholder trying to achieve? If he wants works to be carried out, he would be better applying to the Council.If he is looking for a Tribunal to appoint a manager, it may be worthwhile.

          The Tribunals are supposed to be intended for litigants in person to bring cases.

          Comment


            #6
            No meaningful advice possible here without being able to understand the rudiments of the scenario.

            Comment


              #7
              Originally posted by eagle2 View Post

              What is the leaseholder trying to achieve? If he wants works to be carried out, he would be better applying to the Council.If he is looking for a Tribunal to appoint a manager, it may be worthwhile.

              Leaseholders trying to achieve a house not falling to pieces.
              lease is pretty odd, it is basically a commonly where the responsibility of the leaseholders to keep building in good repair. And freehold literally just collects the ground rent and has no responsibility to arrange repairs.
              ​​​​​​​
              council doesn't see an issue - we tried already. Though may try again. Thanks for reminding and can be used in court as evidence.

              Comment


                #8
                Where do the council fit in? You seem to be assuming we know details that you haven't revealed.

                Comment


                  #9
                  Not odd at all, an odd lease would be one that has no repairing obligations on lessee.
                  Enforcement would normally be down to Freeholder so suggest you contact him and point out that his property is being allowed to go to rack & ruin (and presumably all H&S legislation is also being ignored) if he doesn't help you can apply to FTT to appoint a manager but failings would need to serious and demonstrable.

                  Comment


                    #10
                    Why is this thread called S168 ?

                    Comment


                      #11
                      Section 168 of the Comonhold and Leasehold Reform Act 2002 is the one that requires a tribunal to confirm a breach before the lessor can seek forfeiture. It really isn't relevant to the OP if they have no interest in the property, although I suppose someone else requesting the FTT judgement, if they are even allowed to, might save the lessor some work.

                      https://www.legislation.gov.uk/ukpga...15/section/168

                      Comment


                        #12
                        Hi All, so nearly a year later. I'm now a freeholder (co). So my question is property is obviously getting no better. So what we would like to do is to issue the ground demand to the non participating leaseholder for the outstanding monies and then the question is just issue the list of all repairs or just the ones that need to be done as a priority and keep the list open i.e. this is the list of most urgent repairs something along this line not to loose the forfeiture option and not to make ourselves open to the defence of historical neglect?

                        Comment


                          #13
                          Hi Bumping the thread up.
                          the freehold was sold with outstanding arreas and as much as we would like to start recouping some monies, would it jeopardise the possible forfeiture claim if we claim for them?
                          the disrepair is ongoing for a while, and we are to formally demand the repairs to start.

                          Comment


                            #14
                            We don't understand your issue Anna, so people can't really help.

                            1. Is the property yours?
                            2. How many people are in it, how many leaseholders
                            3. Is there a freeholder
                            4. Is there a Managing Agent
                            5. What is the issue with teh property
                            6. What have you reported to the council
                            7. What is the council's relationship to you

                            Start from the top and imagine we're all clueless.

                            Comment


                              #15
                              Hi @Benzo,

                              1) yes
                              2) 3 leaseholders, one of them BTL and he keeps his property in disrepair and generally don't see any problem with the property 3) 2 co freeholders , I'm one of them
                              4) no
                              5) walls are in poor state, raising damp, penetrating damp, hall needs to be fully redecorated ( skirting boards etc), roof issues
                              6) we have a porch threatening to collapse and when council have assessed it, they issued a letter before action - that is when the leaseholder accepted and paid for repairs

                              7)none, I'm just using them a point of 3 party evidence to be used in court

                              Comment

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