Advice needed leaseholder & county court judgement + lvt

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    #46
    Sorry Siva, unfortunately I dont have the Lease at hand but if I were to win the appeal then if the COSTS were charged to SC account, then they would be deemed unresonable & subject to LVT challange.

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      #47
      I agree with Siva, you amended your defence, whether or not it was judged unreasonable or not, it is standard practise for the person making the changes to pay for the extra work he caused, Ive gone through the exact same situation.

      Some of the amounts you mentioned are not correctly described as costs, Costs to me are the amount the other side has spent on his solicitor, not court fees or interest...as mentioned previouskly it would appear to be correct that the FH started court claim and was mostly succesful and he would be able to claim court fees and interest (a possible solution to this would of been to start a LVT claim yourself before he did).

      The only real item in dispute is the £410, but it appears the Judge assumed you should of paid the service charge owing as soon as the LVT made the decision, perhaps wrongly but that was for you to argue about at the actual court hearing. Plus Im not totally convinced that the service charge was not owing untill the final CC judgment..the delay has only confused things, it is rather odd as surely it wasnt upto the Fh to apply to court again, after the LVT decision, the LVt should automatiaclly report back to court and the court would then make a hearing date ?..but perhaps there was a cock up somewhere along the line.

      The moral of this tale for other LH's, is that you have no legal right to withold payment of service charges purely on grounds you think they are unreasonable, you really should make some sort of payment...and if noit get an application in quick to LVT.

      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


        #48
        Thank You very much to all of you for your kind contribution regarding the matter .

        This is the beginning in a learning curve as a LH for the future and if need arises, will be back here.

        I have decided that there is'nt any real mileage in this to persue, therefore, will rest the case here.

        Once again thank you all.

        Comment


          #49
          Originally posted by Ideal View Post
          Thank You very much to all of you for your kind contribution regarding the matter .

          This is the beginning in a learning curve as a LH for the future and if need arises, will be back here.

          I have decided that there is'nt any real mileage in this to persue, therefore, will rest the case here.

          Once again thank you all.
          Yes, unfortunately Ive been through similar circumstances and you do learn a lot in court but sometimes too late.

          The issue of costs is the most worrying, whilst in a small claim you are unlikely to have costs of tens of thousands, there still can be costs of fees, interest and even travel expenses (for example if the other side flew down from Scotland and stayed in a hotel for a couple of nights, small claim rules do allow these !).

          It does appear you have been perhaps hard done by, sometimes Judges do appear to be on another planet or that they only listen to the solicitor and the poor LiP hardly gets a word in.

          Best advice I can give:-

          Correspond as mcuh as possible (even if the FH doesnt answer). Paint yourself as someone being reasonable and trying hard to resolve issues.

          Try to follow all the CPR points. (The online CPR and PD pages are helpful) and base your claim on law and CPR.

          Try to use mediation/arbitration.

          Check lease for legal cost clauses and get a S20C in.

          Get LVT application in early.

          Argue all your points in court on the day.

          Personally Ive had lots of success in court against my FH, whilst it was at the LVT that whilst I was mostly successful I was concerned by some of the comments they made.

          Good luck

          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


            #50
            Thanks Andy will be more prepared next time.

            Comment


              #51
              Sometimes its good to try and think through the overall picture and the various scenario's in your head including cost implications and transfers to/from CC and LVT.

              You can see Ive started a thread 'LVT - Decided' asking for advice on certain issues, unfortunatley some LVT's and some Judges are totally unpredictable.

              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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