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andydd
Senior Member
Last Activity: 14-06-2019, 09:47 AM
Joined: 17-11-2008
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  • andydd
    replied to LH successful at FTT
    Yes..Judge Ashworth has been great for me....and clearly was not impressed by my Muppet FH nor his solicitor. Eddington at the FTT I found less helpful in my FTT case and he made some odd comments but generaly does seem fair..although its a bit worrying that most of his decisons are cut n paste jobs...
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  • andydd
    replied to LH successful at FTT
    It maybe a case that the FH has had his go in court and lost and a claim for the same amount would be a second attempt and thus an abuse of process, I've successfully used this argument..and the Judge agreed..and in the case..the same one..the FH has had to simply write off that amount....
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  • andydd
    replied to LH successful at FTT
    The lease is the contract between the parties so it would be rather odd to allow parties to deviate from it.......
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  • andydd
    started a topic LH successful at FTT

    LH successful at FTT

    Thought I'd post this new FTT decision as it shows how successful a leaseholder can be and how often the landlord who does not comply with the lease and/or law can come a cropper..in this case the amounts of £4332 Service Charge and £664 Admin Charges were deemed not payable as they were demanded...
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  • andydd
    replied to lease forfeiture & fh query
    The fact that you ask the question on here shows that you will almost certainly fail in any attempt to forfeit the lease, it is a very complex area of law and as mentioned,..it is rarely given..there are maybe 1 or 2 successful cases per year, a LH will be given every chance to avoid it and the it is...
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  • This will be a claim on the small claims track so they cant claim legal costs BUT what they will try and do is use the S146 clause in the lease to try and get legal costs..its questionable whether it can be used in this way.

    Its important to remember.

    1. Legal costs/admin fees...
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  • Many of us have been in same boat..its a great feeling to be successful..even more so if like me youve had to go to court.

    Its worth remembering to mark any future dispute letters with 'Without Prejudice Save as to costs', as you may know WP means its an informal offer its not to be used...
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  • Well done ........it's good when people stand up to these bullies...it shows that leasehold reform is still badly needed..
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