landlord discontinued claim claiming court fees

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    landlord discontinued claim claiming court fees

    Can the landlord who made the decision to bring a claim and then decided to discontinue the claim charge court fees and interest to the service charge when the court have not even heard the case nor agreed that any monies are owing?

    #2
    The items chargeable for maintenance of the building are usually stated in the lease.

    You can apply to the FTT and have those items removed as not payable by the service charge account.

    Comment


      #3
      Thank you Gordon...

      Comment


        #4
        Surely whether those costs are recoverable is dependent upon the terms of the lease. We need more information here. For example if applications were made to court for breaches of the lease by a lh but said application was withdrawn after the lh complied with the terms, providing the lease allows recovery of court costs from the lh then I believe those charges are recoverable and payable through the service charge.

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          #5
          Recoverability of costs etc whilst may be recoverable under a lease under contract law this would need to be determined by a court not a clueless director making things up because he decided to discontinue the claim he was going to lose

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            #6
            Originally posted by Stacker View Post
            Recoverability of costs etc whilst may be recoverable under a lease under contract law this would need to be determined by a court...
            Not if there is a clause in the lease that clearly allows the landlord to add any expenses paid out in an attempt to recover unpaid service charges to future service charges.


            Comment


              #7
              Originally posted by Macromia View Post
              Not if there is a clause in the lease that clearly allows the landlord to add any expenses paid out in an attempt to recover unpaid service charges to future service charges.

              Yes quite. Op needs to post that particular clause for determination along with more detail of the issue, however I stand by my post as being correct.

              Comment


                #8
                Originally posted by Jon66 View Post
                ...however I stand by my post as being correct.
                I agree - although, if court action was withdrawn because of an agreement between a leaseholder and the freeholder being reached, I would hope that the agreement would include the leaseholder paying the costs (other leaseholders shouldn't have to pay a share of them).

                Comment


                  #9
                  It is for a court and or FTT to determine a breach of covenant not some director making things up - bully boy tactics...he is in breach of the lease himself not paying notice to assign sub let fees and the landlord is in breach of own covenants...so how to take a case as a leaseholder against another leaseholder to court when they are in breach themselves?

                  Comment


                    #10
                    Originally posted by Stacker View Post
                    It is for a court and or FTT to determine a breach of covenant not some director making things up - bully boy tactics...
                    Without intending any offence, I always wonder why you bother posting on this forum, because you always seem to ignore what is said in replies and rigidly stick with what you seem to have already decided applies.

                    Would charging court fees and interest to the service charge be a breach of lease?
                    We don't know that because you have ignored queries about what is in the lease regarding these.
                    If the lease says that they can be charged, then no court decision is required (although, as a leaseholder, YOU could start a court/tribunal case to ask for these charges to be disallowed).

                    Originally posted by Stacker View Post
                    ...he is in breach of the lease himself not paying notice to assign sub let fees and the landlord is in breach of own covenants...so how to take a case as a leaseholder against another leaseholder to court when they are in breach themselves?
                    You are again (as you often seem to do) assuming that we know details that you haven't told us.

                    I'm confused as to why you think that the landlord, where you seem to be referring to the freeholder, would need to pay fees to himself (fees which are intended to cover his costs). Even if the property has a managing agent, and the fees would usually go to them, that's for the landlord and managing agent to sort out between themselves.

                    If you think that the landlord is in breach of freeholder covenants, we would need to know what he is allegedly in breach of, and what the lease says, before it is possible to comment.
                    For example, some leases only require maintenance when leaseholders pay in advance.

                    Whether you can take another leaseholder to court for breach of lease would depend on what the leases say - there wthere need to be clauses that enable this.
                    You could potentially take the freeholder to court, but I suspect you would lose if you go to court using the type of arguments that you tend to post here.

                    Comment


                      #11
                      You do make me laugh Macromia!!! funny how a solicitor and Lease org agree with me and not YOU!

                      Comment


                        #12
                        Originally posted by Stacker View Post
                        You do make me laugh Macromia!!! funny how a solicitor and Lease org agree with me and not YOU!
                        Stacker then why ask on this forum?

                        Comment


                          #13
                          Originally posted by Stacker View Post
                          Can the landlord who made the decision to bring a claim and then decided to discontinue the claim charge court fees and interest to the service charge when the court have not even heard the case nor agreed that any monies are owing?
                          It really is not clear why the OP has posted this question.

                          Comment


                            #14
                            Originally posted by Stacker View Post
                            You do make me laugh Macromia!!! funny how a solicitor and Lease org agree with me and not YOU!
                            What are they agreeing with?

                            All I have said is that you haven't provided sufficient information - if Lease.org and "a solicitor" have said that the information you have provided here is enough to give you an answer, you should be very wary about acting on their advice.

                            If you've given them Full details (rather than drip feeding them with incomplete information that leaves out important details), why then ask here without giving sufficient details for worthwhile answers?

                            Comment


                              #15
                              Ill ignore the posts above n arguments n put my opinion.

                              Ordinarily in a court claim and one side discontinues then he would have to pay the other sides costs, normally hed ask the other side if they can reach an agreement to discontinue maybe agreeing on xxx..etc...but if not the court would order costs to be paid.

                              BUT as pointed out many leases allow freeholders to recover all legal costs, this applies f they win or lose, and of course is very unfair hence what the s20c legislation was introduced ..this allows a court/ftt to overule and say that such costs are NOT recoverable via the service charge.

                              This did however leave another problem in that most legal costs were not recoverable via the service charge (and split between leaseholders) but instead recoverable via an administration charge from the single leaseholder, this oversight was rectified when legislation same as s20c was introduced that applied to admin charges (the exact legislation escapes me at the moment).

                              So in summary..this question depends on:-

                              1. what original court said about costs
                              2. What lease says about legal costs, recoverable via service charge or admin charge ?
                              3. LH has right to make application to disallow such costs in 2.

                              Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                              I do not accept any liability to you in relation to the advice given.

                              It is always recommended you seek further advice from a solicitor or legal expert.

                              Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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