Service Charge Disputes & costs under small claims track

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    #31
    Originally posted by andydd View Post
    Legal costs clauses in leases are one of the most unfair clauses IMO..the 'heads the LL wins, tails the LH loses' scenario just isnt fair and S20C only partially overcomes it.

    Andy
    But no they are not- they are there to ensure that those in breach non payers are brought to justice without any undue expense. It is manifestly unfair that a complete nutter or ner do well not pay and make spurious complaints and the landlord to be out of pocket, just as is your landlord's conduct in your case Andy.

    Its the job of the LVT and the Court to then award costs accordingly either under the lease or as an award. That they get it wrong from time time is clear but we cant expect perfection. Ask the Home Secretary LOL.

    Word on the block is that the decision in Daejan for example was arrived at in part as a response to Phillips ( hence the majority of 1) and wont be appealed as broadly speaking it helps landlords and tenants, even though it is so far removed from the Act that sets a limit of £250, and the decision frustrates the intention of parliment.

    Having vastly more experience of this, I can say how often Judges as much as LVT panel members struggle as some matters are outside their area of expertise.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #32
      Originally posted by leaseholdanswers View Post
      But no they are not- they are there to ensure that those in breach non payers are brought to justice without any undue expense. It is manifestly unfair that a complete nutter or ner do well not pay and make spurious complaints and the landlord to be out of pocket, just as is your landlord's conduct in your case Andy.
      Yes, but it is in the Courts power to award costs anyway so why do we need the covenant. Or if we have the covenant then there should be another one for the leaseholder to recover their reasonable costs and just to make sure that Judges understand the covenant, the word 'reasonable' should be in there.
      I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

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