Contesting jurisdiction

[Evie]

Hi all,

I'm a first timer here and hopefully I have found the right place for help!

I have a dispute with a land owner over the amount of monthly service charge. Instead of filing in a first tier tribunal dealing with leaseholds he has filed in a small claims court.

Can I contest jurisdiction of small claims court? Is that correct?

Many thanks in advancr

E

[Amethyst]

Re: Contesting jurisdiction

Not sure if it would be contesting jurisdiction at acknowledgement stage or requesting it to be transferred by application - have a read here for the mo http://www.lease-advice.org/article/...tier-tribunal/

The court claim is 22/8/2017 ( from the abandoned form fill post which I've taken off )- could you post the Particulars of Claim please - might assist with the answer to your question.

[MENTION=71570]R0b[/MENTION] [MENTION=39710]des8[/MENTION] [MENTION=60653]crazy[/MENTION]Council ? maybe ?

[warwick65]

Re: Contesting jurisdiction

[MENTION=87380]Diana M[/MENTION] might be able to help

She knows a huge amount about leasehold properties.

Would I be right in thinking the leaseholder has set the service charge and has now made a claim because you haven't paid?

[R0b]

Re: Contesting jurisdiction

Afraid I don't know much about the transfer of disputes to the FTT, other than to say that CPR 11 has the relevant provisions about disputing jurisdiction of the court.

https://www.justice.gov.uk/courts/pr...l/rules/part11

It may be that the Court is not willing to accept a letter only and that a proper application should be made. Is there any specific reason (other than expertise) why the County Court would not have the necessary jurisdiction to deal with the claim an why you would want the FTT to hear it?

[Evie]

Re: Contesting jurisdiction

Afraid I don't know much about the transfer of disputes to the FTT, other than to say that CPR 11 has the relevant provisions about disputing jurisdiction of the court.

https://www.justice.gov.uk/courts/pr...l/rules/part11

It may be that the Court is not willing to accept a letter only and that a proper application should be made. Is there any specific reason (other than expertise) why the County Court would not have the necessary jurisdiction to deal with the claim an why you would want the FTT to hear it?

Many thanks for all your replies.

I am a leaseholder and I have paid the service charge as per average current market prices. The freeholder wants to continue charging me three times that price and refuses to show me original invoices or quotes for this amount. This is therefore a leasehold dispute not a debt issue?

I don't want to tick that box on the form to say it's not in the courts jurisdiction and annoy the judge from the outset if my thinking is wrong.

[Evie]

Re: Contesting jurisdiction

Not sure if it would be contesting jurisdiction at acknowledgement stage or requesting it to be transferred by application - have a read here for the mo http://www.lease-advice.org/article/...tier-tribunal/

The court claim is 22/8/2017 ( from the abandoned form fill post which I've taken off )- could you post the Particulars of Claim please - might assist with the answer to your question.

[MENTION=71570]R0b[/MENTION] [MENTION=39710]des8[/MENTION] [MENTION=60653]crazy[/MENTION]Council ? maybe ?

Thank you so much. That is so useful! It is basically between myself and the freeholder and the managing agent. I just didn't want to put lots of details that can come up in a google search!

[Diana M]

Re: Contesting jurisdiction

I have a dispute with a land owner over the amount of monthly service charge. Instead of filing in a first tier tribunal dealing with leaseholds he has filed in a small claims court.

What does it say in your lease about collection of unpaid service charges and what (if any) legal costs can be recovered by the Landlord in pursuing them?

In the First Tier Tribunal costs aren't always dealt with in the same way as the Small Claims Court so maybe there's a hidden agenda?

Di