Can leaseholder be charged for a solicitors letter

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can leaseholder be charged for a solicitors letter

    As title, can leaseholder be charged for a solicitors letter, where
    the letter states they are in breach of the lease, and to
    refrain from breaching the lease again.

    Point 1.
    I assume an admin charge can include the cost of the solicitors
    letter ?
    But where the lease is silent on administration charges, I can
    use the - is it 2002 commonhold reform act ? ( or what ever it's
    called ) to justify an administration charge ( and include sols fees ).
    ( L.V.T. cases say I can )

    Point 2.
    If Directors refuse to fund solicitors, then are they failing in their
    duties.

    R.a.M.

    #2
    Originally posted by ram View Post
    As title, can leaseholder be charged for a solicitors letter, where
    the letter states they are in breach of the lease, and to
    refrain from breaching the lease again.
    It depends on the lease and reasonableness. The lease has to allow the charges. If the lease allows the charges then the leaseholder can still dispute the reasonableness at the LVT.
    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.

    Comment


      #3
      Ram your post doesn't make sense-
      they are in breach of the lease, and to
      refrain from breaching the lease again.
      That suggests they were in breach and no longer are, but you fear that they may in future do so again.

      If that is so, eg they were noisy, then an LBA is unwarranted even if the lease allows for legal costs, as its a simople leter from the FH company saying "please don't do it again as your lease says...."

      Thats just normal day to day correspondance under your normal charges and expenses if recoverable.
      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.

      Comment


        #4
        Originally posted by leaseholdanswers View Post
        That suggests they were in breach and no longer are,
        but you fear that they may in future do so again..
        Correct. And it will happen again.

        Answers found so far :-

        Administration charges
        The Commonhold and Leasehold Reform Act 2002 introduced rights
        in respect of administration charges. These are defined as 'an
        amount payable by a tenant as part of or in addition to rent, which
        is payable directly or indirectly.

        The Commonhold and Leasehold Reform Act 2002 has made it
        possible to levy variable administration charges for breaches of a
        lease, such as late payment, even if the lease does not specify this;

        Our lease has the standard formats of :
        1) ( Lessee )
        To pay all charges and expences ( including solicitors costs and
        surveyors fees ) ........ for........... incidental, and preparation/
        service.... Sec 146 & 147

        2) ( Lessor )
        Lessor entitled to employ such persons as shall be reasonably
        necessary for the due performance of the covenants


        Sometimes here, have complicated items that realy must have
        a solicitor to deal with, as I am not employed to scour the
        internet for answers that a solicitor can answer / direct /write
        letters.

        I want a solicitor to handle all, even out of the ordinary problems,
        and I don't see it as my responsiblity to spend time finding
        answers to lease questions, and to train myself as a solicitor.

        Why have I had to do this, - because the directors state that
        no money whatsoever, can be spent on solicitors.
        I don't have the time or expertise of a solicitor, who can read
        the lease, and give a professional opinion,/ write a letter.

        (I have learnt to do such, but it's not my duty to act in the role
        of a solicitor )

        From replies so far, solicitors fees for writing a letter advising
        of a breach of the lease, cannot be charged to the offending
        leaseholder ? correct ? and in accordance to 1) + 2)

        Comment


          #5
          The Commonhold and Leasehold Reform Act 2002 has made it
          possible to levy variable administration charges for breaches of a
          lease, such as late payment, even if the lease does not specify this
          No RAM it does not, dont even bother to argue it doesnt. It merely governs those that are raised under another authority eg another law or contractal term or agreement.

          In the specific case of legal costs, which are an admin charge, you are limited to the lease wording.

          As there is no breach at present there is no basis on which to incur costs.

          What you can do is write and say that your lease says to do /not to do x and if you do/dont do x, we will be then instruct solcitors to deal with the matter which under clause y- legal costs as quoted- will lead to being charged the costs of so doing.
          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.

          Comment

          Latest Activity

          Collapse

          Working...
          X