Application to the FTT for determination of breach of covenant?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Hi Macromia, thanks for your responses. We dont have the lease in front of us, but we know what is states as we've been to court with him before and its up to us to force him to act to enforce the lease against other leaseholders... just take our word for it. We've learnt this through experience over 8 years.

    Comment


      #17
      The question were asking now is what exactly does "no nuisance pets" mean? Does it give the freeholder a right to evict the animal, or will he have to apply for an injunction?

      Comment


        #18
        Or does it simply mean he can apply for an abatement?

        Comment


          #19
          Originally posted by Macromia View Post
          Only if the terms of your lease obligate the freeholder to enforce the terms of the lease at your request.
          So youre saying lawyers are all full of it? Thats a bit cynical seeing as hes saved us almost 5K in the last case through the threat to the freeholder of his "opinion" and a counter claim Macromia...

          Comment


            #20
            I also dont understand the animosity here... we are just trying to resolve our nightmare situation. Are you ALL dog owners!?

            Comment


              #21
              I'm a cat owner, you are waisting your money and time, imho.
              I read your threat yesterday and new thread now - would it not be better to ask GP for antidepressants ( lowest dosage possible), supplement with vit d, magnesium etc and think about buying another place with the garden?

              Comment


                #22
                Oh dear... there really are some mindless folks on here arent there. We have won the last two cases here and came on here for intelligent advice not advice on medication. very sad indeed...

                Comment


                  #23
                  ANYONE intelligent and worldly out there as opposed to trolls, willing to offer wise and worldly advice, or has this forum really deteriorated to such an extent since we last used it!?

                  Comment


                    #24
                    I think Anna was trying to be helpful and offered very sound advice. You really don't seem suited to flat living if you are in perpetual litigation with your neighbours/landlord.

                    Comment


                      #25
                      Lets hope the moderators are at least half sane!

                      Comment


                        #26
                        Like I said we have won the last two cases Section20z... so pretty redundant comment.

                        Comment


                          #27
                          Pretty sure if you have nothing useful to say you shouldnt be saying it on these forums... given its an "advice" forum. Advising you take medication is incredibly rude and unacceptable given the distress caused to many people in this circumstance, and I suggest you dont participate in this thread any longer unless you have something useful to say. Lots of love!

                          Comment


                            #28
                            Originally posted by Tw1982 View Post
                            I also dont understand the animosity here... we are just trying to resolve our nightmare situation.
                            There has been no "animosity" towards you from anyone who has replied (either here or in your other thread), but it is clear that other posters (in addition to myself) are, or have been, finding your refusal to accept anything that is said, your failure to provide information that is requested, and your insistence that you know better, frustrating.

                            Based on the information that you have provided, you seem to have no case to take to a tribunal and therefore have no likelihood of any success.
                            If you and your lawyer have additional information that changes this, then either post this additional detail or stop asking and go ahead with the course of action that you seem to be determined to take regardless of what forum members have to say.

                            I'll ask one more time:
                            Precisely what is in your lease that you believe obliges the freeholder to take action against the other freeholder because you demand it?

                            Comment


                              #29
                              No idea what you are wasting your time over or trying to achieve by such sly, underhand comments, but no doubt the moderators will have the final word... congrats for helping no one and achieving nothing! .... "imho!"

                              Comment


                                #30
                                Im sorry but this is really a waste of time and the quality of responses wasnt what it was years ago when we relied on this forum to win our previous two cases with the freeholder... advising to take "medication" is a serious insult and unacceptable, so im affraid we will no longer be consulting any of you on this as clearly you do not value our own experience or input and instead choose to indulge in aggressive behavour and sly insults that we do not wish to be party of. Please do not respond to any more of our posts! Thankyou very much!

                                Comment

                                Latest Activity

                                Collapse

                                • RTM - Admin Fees Charged by Freeholder
                                  by chris1544
                                  We have RTM in place for our two flat building. Recently the other leaseholder put in a request to the RTM company to install an air vent. I duly wrote to the freeholder, notifying them of our intention to grant approval for the works, giving them the statutory 30 days notice.

                                  They have...
                                  12-08-2020, 11:04 AM
                                • Reply to RTM - Admin Fees Charged by Freeholder
                                  by Lorimer
                                  There isn't much case law on this but even when an RTM is in place and it is the RTM that is responsible for dealing with consents, I believe the freeholder CAN charge a reasonable admin fee simply for the freeholder's time in reviewing the consent application. This is because the RTM company cannot...
                                  12-08-2020, 20:33 PM
                                • Late ground rent payment charge & legal fees no warnings
                                  by KingstonBee
                                  Wonder if you can help... This week I have received a Court Claim form pack with what seems to include a ‘particulars of claim’ and ‘lease’ for ‘outstanding arrears of Ground rent and insurance’.

                                  Now this is a huge shock as I’ve not received any letters at all, no emails or phone...
                                  10-06-2020, 20:13 PM
                                • Reply to Late ground rent payment charge & legal fees no warnings
                                  by Stew
                                  sounds like a major win
                                  12-08-2020, 20:22 PM
                                • Reply to Can I let this freehold indefinately ?
                                  by ChrisDennison
                                  Well but who’s to judge that intention? If I as the freeholder only want women, kids and one armed pirates in my block of flats and therefore put a restriction of use to that extent in the lease isn’t that my pretty unambiguous intention?



                                  Well put. I have a property with...
                                  12-08-2020, 19:14 PM
                                • Can I let this freehold indefinately ?
                                  by Boab
                                  Is there any reason why I cannot let a freehold flat on a two flat maisonette where there are two freeholders with a deed of covenant between the two to cover such issues as maintaining the property? There appears to be nothing in the covenant restricting renting my property out and it’s been done...
                                  10-08-2020, 06:12 AM
                                • Reply to Late ground rent payment charge & legal fees no warnings
                                  by KingstonBee
                                  FYI - I pressed and stated facts and quoted the law etc and they eventually backed down... Mega Chuffed. Didn’t even have to pay any of the legal fees or additional costs. It helps that in the lease as mentioned they had to email or send mail via recorded delivery... Their legal team agreed and dropped...
                                  12-08-2020, 19:00 PM
                                • EGM via Zoom breach of GDPR
                                  by Stacker
                                  Our directors refuse to call meeting and now are using some government quote Corporate Insolvency and Govt Act 2020 Section 37 and Schedule 14 of the Act..basically the articles don't say we can hold electronic meetings so can they be held via zoom?
                                  12-08-2020, 17:53 PM
                                • Reply to Variation of lease
                                  by Gordon999
                                  Many flats with ground rent increasing every 10 years are not able to get a mortgage loan . Taylor Wimpey have set a side £130 Mil for correcting the ground rent demands in their leases . If your flat was built by this company, you should contact the company for correction of the lease.
                                  12-08-2020, 17:41 PM
                                • Variation of lease
                                  by scampicat
                                  I own a flat with a lease of 125 years starting from 2012. The ground rent is at present £150 pa, but increases as follows every ten years: £225... .£337.50.... 506.25.... 759.38.... 1139.06.... 1708.59.... 2562.89 ....3844.34. There are no more increases after eighty years. I am considering a variation...
                                  25-02-2020, 08:57 AM
                                Working...
                                X