Flats' reversioner billed s/charge to ex-lessee, not me

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    Flats' reversioner billed s/charge to ex-lessee, not me

    the L/L of my leasehold investment flat proposed hefty redecoration , only instead of informing me or including me in the consultation, they sent the mail in the name of an old tenant who lived there before the managing Agent took over.So all the documentation went to the property address in the name of the tenant( not to the correspondence address which has not changed at all). I found some demand notes in the name of the tenant and phoned to find out that they were service charges plus some £2000.00 for external redecoration.It turns out that the new management agent simply did their own research and named the tenant as the owner,did not check the past payments and even changed the name in the shareholding register.I was not even invited to any AGM's either
    I have paid all the backlog of the yearly service charges and because of their callous attitude( in putting all the blame on me andhounding me with debt collctors ) I am using the section 153 and only offering to pay £250. as my share. I was not informed an I was not included in any consultation at all as I have proved to them.
    What are my chances in front of LVT and how do I apply for it ? What about all the costs? who pays the? Has any one ever come across this type of case?
    Looking forward to your comments.Marigold

    #2
    I think your title should be more descriptive...

    S20 L&T 1985 requires that they consult if the cost to any one lessee is over £250. If you were not consulted, then they have failed in this duty and your liability is limited to £250.

    It would be the freeholder who pays the difference. If it was a mistake by the MA, then that is between the freeholder and the MA.
    I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

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      #3
      Marigold: folowing your acquisition, did you (or your solicitor) correctly serve Notice of Transfer- with your new correspondence address- on L?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        Originally posted by jeffrey View Post
        Marigold: folowing your acquisition, did you (or your solicitor) correctly serve Notice of Transfer- with your new correspondence address- on L?
        ...or was there a licence to assign from the LL on purchase - either has the same effect to legalise the assignment under s.136 LPA 1925, (confirmed by Purchase v Lichfield Brewery). Plus I am not sure HMLR would have accepted your registration without a legal assignment having taken place.

        The above assumes the lease was granted pre 1 January 1996

        If the LL was not notified of the assignment in writing (unlikely), then the old tenant could remain liable to pay.

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