Can the leasse take the freeholder to court?

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    Can the leasse take the freeholder to court?

    I have paid in protest service charges which i disputed, can I now take the LL to the small claims court and recover the disputed service charge?

    #2
    No.

    You need to apply to the L.V.T. (Leasehold Valuation Tribunal ) to
    assertain if service charges were "reasonably" incurred.
    Then if they rule in your favour, you can then go to the small claims
    court and sue for the return of monies oweing.

    Leasehold matters are very complicated, as you wil have read on here.
    And any claims made in the small claims will get passed over to
    the experts at the L.V.T. to rule on the mountain of rules, regulatons,
    what it says in your lease, before a decision can be made if your
    service charges were Legal, reasonable, payable, done / not done
    under S20 rules, etc etc.

    You must read your lease and many other items before you embark
    on the L.V.T. route.

    Just saying I think we are paying too much, without quotes, etc will
    not stand up in court.

    L.V.T. have downloadable forms to claim.

    Not lvt site, but visit here
    http://webarchive.nationalarchives.g...ties/DG_191691

    R.a.M.

    Comment


      #3
      Generally the answer is yes....and It';s something I have been quite succesful in.

      Did your payment mention you were paying by under protest, an LVT cant judicate over any amount that has previously been admitted or agreed but it does go on to say that payment is not admission but its best to add words to that effect.

      So you can dispute amounts which either are not payable under the lease or if they are payable that they are excessive or unreasonable in amount.

      You can either start it in a County Court and ask (in your allocation questionaire) that it be reffered to an LVt or apply directly to an LVT.

      Strictly speaking the CC stage is not neccasary, BUT you may need it for enforcement, I started a case directly at an LVT but had to apply to a CC after becuase they freeholder didnt refund amounts, although the LVt were far from helpful and a bit vague over exactly what should be refunded.

      Its worth reading through previous LVT cases here > http://www.lease-advice.org/lvtdecis...es.asp?table=2 theres now nearly 8000 to read through, this will give you an idea of how they work and maybe your freeholder is a regular visitor.

      Unfortunatly LVT's are a bit inconsistent in their decisions and if you want to use case law you should (if you can) refer to High Court Cases or the Upper Tribunal (Lands Chamber) - Where you appeal to from LVT > http://www.landstribunal.gov.uk/Aspx/Default.aspx

      It is also worth checking whether your lease allows your freeholder to recover legal fees (even if he loses in court/lvt!), if so make sure you make an S20C application too.

      Andy
      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.

      Comment

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