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[Benzo]

Thank you for this, and also for all your replies throughout my various threads - they were a great help.

The judge accepted that a scheme was in operation (though he found it 'very unusual' and I think I detected a suggestion to take it to Tribunal, which I think we've got the legal...

[Benzo]

The Surveyor should be able to apportion the correct percentage for each flat, but my assumption would be as above - those who need it pay for it, those who don't (like you) pay a nominal amount. Try to get involved in the process if you have time, would be good for you to meet the surveyor and make...

[Benzo]

OP, I imagine this is of scant comfort but: it could be worse.

A resident at my block installed a door in his flat without permission from the freeholder. This door opens onto the balcony, which is not demised to residents in the lease, and to which residents have no access rights. (We...

[Benzo]

Hi all

Just to close this off - the first of these cases were tried yesterday and the judge relied on the Tribunal decision heavily. He stated that the judgement of a Tribunal IS applicable at the County Court - effectively the Tribunal has already made a decision - and therefore he threw...

[Benzo]

Based on what you've written there, I do not think you get an allocated space - or if you do, it is shared among all residents (and the landlord). However it is poorly worded - clause five would allow someone to argue that you both do and don't get an allocated space, dependent on which side of the...

[Benzo]

When you say you've obtained the RTM, do you mean that you've applied for it and the counterclaim period expires in August? Or that it's past the counterclaim period and it's due to handover in August?...

[Benzo]

We're certainly unable to afford the £10k to apply for an injunction and associated legal advice. I think we'll have to swallow our pride and reissue, though I think making a complaint about it to my MP might make me feel a bit better.

Thanks all....

[Benzo]

Well quite - they've clearly received it, whether via email or letter. The question is, what can I do about it if they say they haven't?

It does appear as though there's not much in the way of official routes for what happens when a Freeholder simply refuses to accept that notice has...

[Benzo]

Gordon999,

I've spoken to the company helping us with the RTM claim; there'll be no fee for re-serving the Claim, which is good news.

Good shout on the MP - I have a decent relationship with her so that's a great approach.

[Benzo]

We can do this. It'll involve restarting the RTM process again, which means another set of application fees unless I can wangle out of those, and it'll mean that we accept that the RTM was delivered incorrectly (which means we'll need to pay for the FH's legal fees involved in responding to our first...

[Benzo]

If anyone has any advice on this I'd really appreciate it.

The company we're pursuing RTM through reckon we have no option but to take out a high court injunction at a cost of circa £10k to force handover, which we cannot afford.

OR restart the RTM process and pay their legal...

[Benzo]

Tipper,

I've spoken to Lease and they recommend sending RTM claim notices via normal post, as the onus is on the receiver to prove they've not received it rather than the sender to prove he's sent it. If you send it by Recorded Delivery you effectively hand over the power to the receiver...