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andydd
Senior Member
Last Activity: 12-05-2018, 12:42 PM
Joined: 17-11-2008
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  • andydd
    replied to Unlawful Managing Agent
    Yep..as for your last point my Freeholder (acting as MA) came unstuck there as he added on 15% on top of insurance for what he said was a claims handling fee..the FTT pointed out if that was the case he needed FCA permission which he didnt have..he dug himself in a hole.

    Asking LAs to prosecute...
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  • andydd
    replied to Unlawful Managing Agent
    What happens if a property manager has not joined a scheme?

    Local authorities have a duty to enforce the Order and can impose a fine of up to £5,000 where a lettings agent or property manager who should have joined a scheme has not done so.

    https://www.lease-advice.org/art...
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  • LVT/FTT has same powers to strike out..i.e get rid of at an early stage..this is normally done if you can show case has no chance or maybe its stat barred or if the claim has been dealt with before.

    With a county court there is an extra fee to apply for this (sometimes its not worth it..its...
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  • If its the same issue or more precisely the same amount..i.e a FH is trying to have a second go at claiming the same sum..you can get that struck out..as with most laws a person is only allowed one "go".
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  • andydd
    replied to Service Charge balance
    A few things here.

    18 month rule may apply..the FH would have to show the previous LH was informed of costs iincurred.

    This is what a conveyancer is for...they would have liability insurance to cover cock ups..if it was their fault

    lastly if the FH was genuinely...
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  • I think that in general..a FTT case does only bind the FH and the individual LH that started the case NOT the other LHs..although youd expect it would be easy for them to use the other case as defence so it would be pretty dumb for a FH to insist they pay ... but some FHs are that stupid....there is...
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  • andydd
    replied to Comunial area service charge
    If lease doesn't say you have to pay for it..then you dont..the lease is the only contract between you & FH....if its unclear then a FTT could be asked..we cant, we havnt even seen it !
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  • andydd
    replied to Freeholder breach of trust.
    That is odd..normally the contractual relationship would be between the Fh and you (as LH), and there also may be relationship between you (As a Landlord) and your tenant....NOT between FH and Tenant..this is a major problem..and this would need sorting before anything else..unless there is something...
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  • You cant 'issue CCJs'.......IF a person loses a court case than a CCJ can be issued against him..not the other way round.

    As to your main question..yes a Tribunal judgement should also be binding/or persuasive on the CC system...there are sometimes a bit of disparity amongst the 2....there...
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  • andydd
    replied to Freeholder breach of trust.
    As above..surely it's you who is liable for insurance. .the contract is between the FH and you...why do you think your tenants are liable to pay the insurance ?

    But beyond that yes if you have been overpaying you could get a refund BUT I don't see how this would work of tenants have been...
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