2 misconceived court claims and last minute back down by landlord

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    2 misconceived court claims and last minute back down by landlord

    Over the last few years the current directors have made simple mistakes and brought court claim after court claim against me causing me stress, distress and lots of wasted time and energy. I have tried to be reasonable call meetings to discuss and collaborate and still they carry on and NO I cant remove them as they are in the majority. So I had to bring in a solicitor as the directors had made a false statement signed as a statement of truth on a public court document ...basically they lied so they withdrew the court claim, now they want to put the directors legal costs through the service charge and for me to meet their costs when they have been incompetent and lied. I really don't know where to take this as I feel that they are penalising me for their mistakes. Its incredibly unfair and now I feel I have to sell as I cant live like this any longer.

    #2
    Challenge the legal costs in the service charge account at the FTT once they have issued the service charge accounts

    Comment


      #3
      Thank you, I have just asked for my service charge account and annual summary of sinking fund balance, for the last 5 years I have repeatedly asked/requested via section 21 and section 22 L&T 1985 acts access to invoices, documents etc and I have never seen a bank account statement ever! I am the only leaseholder and member who has never seen the bank accounts and all the invoices etc....the directors are incompetent, all self serving interests self promoting, breach their own leases and I get no say literally just demands for money!!! Considering appoint a manager route as my property is experiencing damp and despite numerous letters and many meetings no appointment made to come along and investigate the issues or collectively repair its done my head in as I am a reasonable person.

      Comment


        #4
        Welcome to the world of leasehold property where incompetent directors (and others who should know better) can mismanage buildings and leaseholders suffer. You will probably find that the sinking fund was raided in order to finance their wrongful legal action and now they are trying to replenish that fund by making service charge demands to recover their unreasonable costs.

        I agree with sgclacy in #2, you can apply to a Tribunal to determine whether or not you need to pay the charges. The Tribunal will probably agree with you, however, it does not have the jurisdiction to require the directors to refund the monies. So the sinking fund will remain depleted. The next stage will be that the sinking fund contributions will be increased and that will be more difficult for you to challenge.

        As you cannot remove the directors, you should consider seriously selling your property. The alternative is to apply to the Tribunal to appoint a manager, but that can be expensive and make it difficult to sell your property.

        Comment


          #5
          Thank you and in all this time they have never addressed any repair issues only repair issues to the directors flats so my flat has probably depreciated in costs and may be harder to sell with the damp issues. Yes they only way out now is to go to the FTT and have constant battles or sell.

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