Hi All, the directors and managing agent have through their actions breached the landlord own covenants and should not be benefitting from the breach. Do I take this to county court as I dont think this is within the FTT jurisdiction?
Landlord breach of covenant
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I suggest you study the free guide of FTT jurisdiction and costs of application to the FTT . You can ask for a judgement on the reasonableness of the service charge.
The LEASE website keeps records of past FTT judgements on service charges and you can search their data base for cases of servivice charge reduction..
https://www.lease-advice.org/advice-...perty-chamber/
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Thank you Gordon however the way the managing agent and directors have structured the deal...asking the leaseholders to pay a third party directly does not come under FTT I have studied cases online...in addition the directors and managing agent entered into contracts when the company had no money. They failed to collect service charges beforehand for the contracts
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by SouthernDaveIs that right though? Freeholder could charge surveyors fees for the OP situation by what you’ve just said there....
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Channel: Long Leasehold Questions
01-07-2022, 22:00 PM -
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by hhyHi all,
I live in a flat with a leasehold for 125 years. It has a conventional boiler and a hot water cylinder but I decided to replace them with a combi boiler.
The only clause in the lease related to alteration says:
"NOT to make any structural alterati...-
Channel: Long Leasehold Questions
30-06-2022, 21:39 PM -
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by AndrewDodWell that is a whole different ballgame. Here they can charge a full wack for surveyors, structural engineers and might well refuse altogether. You cover all actual costs (in contrast to this OPs issue where there are no discernible costs)...
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Channel: Long Leasehold Questions
01-07-2022, 21:37 PM -
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by michelleadsHello,
I've come to ask your advice for the following situation.
I have a lease in a shared freehold of two apartments on the first floor and ground floor of a house that has been converted.
Almost two years ago, the second floor was purchased by an owner who made...-
Channel: Long Leasehold Questions
01-07-2022, 17:15 PM -
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by SouthernDaveThis is very interesting. We are just about to complete on a large 1 bed flat. I want to turn it into a 2 bed flat but the lease states that freeholder permission must be sought. It doesn’t mention any fees payable.
when going into the website, they state that they charge £250 just to consider...-
Channel: Long Leasehold Questions
01-07-2022, 21:14 PM -
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by AndrewDodhhy,
Why did they have to pay a solicitor or bailiff to receive your application. There was no other cost of them receiving it. So no.-
Channel: Long Leasehold Questions
01-07-2022, 20:29 PM -
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by Anna1985If you don't move the flue, no alteration....
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Channel: Long Leasehold Questions
01-07-2022, 20:13 PM -
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by hhyAndrewDod Gordon999
Unfortunately the lease says so:
"To pay to the Company on an indemnity basis all costs fees charges disbursements and expenses (including without prejudice to the generality of the foregoing those payable to counsel solicitors surveyors and bailiffs)...-
Channel: Long Leasehold Questions
01-07-2022, 20:00 PM -
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by AndrewDodhhy,
The freeholder (whether via an agent or otherwise) can only charge what the lease says they can charge, not what their website says they can do. These are crooks pure and simple (of the common freeholder type - so not unusual to find crooks in this sector - they need to be driven ...-
Channel: Long Leasehold Questions
01-07-2022, 16:14 PM -
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