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Court defence -unreasonable service fees-leasehold

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  • Court defence -unreasonable service fees-leasehold

    Hi everyone,

    I hope I can get some guidance about a leasehold issue.

    I need to submit a defence that the service fees charged by the landlord of my leasehold flat are unreasonable. I have obtained quotes to support this. I have also had no direct invoices of costs but ones from his broker and landlord has refused to provide original invoices or to provide me with an alternative quote.

    Secondly, I intend to contest jurisdiction of county court so that it can be heard in FTT. Who do I send the letter to?

    Please please help!

    Thanks in advance

    (I wasnt sure which forum was appropriate, sorry!)
    Tags: None

  • #2
    Re: Court defence -unreasonable service fees-leasehold
    • If you are in England application is made to the First-tier Tribunal (property Chamber) by completing an "Application for a Determination to Pay and Reasonableness of Service Charges"
    • You give basic info about the charges and include a copy of the lease.
    • Tagging [MENTION=15129]Crazy council[/MENTION] who may know more

    Comment


    • #3
      Re: Court defence -unreasonable service fees-leasehold

      Maybe [MENTION=87380]Diana M[/MENTION] could also help

      My understanding was that in a dispute over leasehold management fees it went to tribunal for determination.

      https://www.lease-advice.org/

      Comment


      • #4
        Re: Court defence -unreasonable service fees-leasehold

        Originally posted by Evie View Post
        I need to submit a defence that the service fees charged by the landlord of my leasehold flat are unreasonable.

        . . . . I intend to contest jurisdiction of county court so that it can be heard in FTT.
        Have you received a county court claim?

        I'm noticing your thread title.

        Di

        Comment


        • #5
          Re: Court defence -unreasonable service fees-leasehold

          Does this matter relate to your other thread?

          Originally posted by Evie View Post
          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?

          If so then maybe ask @Kati to merge the threads to keep everything in one place?

          Link > http://legalbeagles.info/forums/show...l=1#post748756

          Di

          Comment


          • #6
            Re: Court defence -unreasonable service fees-leasehold

            Originally posted by Diana M View Post
            If so then maybe ask @Kati to merge the threads to keep everything in one place?

            Link > http://legalbeagles.info/forums/show...l=1#post748756
            as soon as I'm asked I'll do it xx
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Court defence -unreasonable service fees-leasehold

              Originally posted by Kati View Post
              as soon as I'm asked I'll do it xx
              Splendid

              Di

              Comment


              • #8
                Re: Court defence -unreasonable service fees-leasehold

                Thanks.

                Any help about how to submit a county court defence?? Please

                Comment


                • #9
                  Re: Court defence -unreasonable service fees-leasehold

                  Originally posted by Evie View Post
                  Any help about how to submit a county court defence?
                  What is the claim Issue Date (the Defence deadline will be 33 days from then)?

                  Does this thread relate to your other thread which I asked in post # 5 ?

                  Di

                  Comment


                  • #10
                    Re: Court defence -unreasonable service fees-leasehold

                    Yes!

                    - - - Updated - - -

                    I just need advice on how to write a defence

                    Comment


                    • #11
                      Re: Court defence -unreasonable service fees-leasehold

                      Originally posted by Evie View Post
                      I just need advice on how to write a defence
                      What are the Particulars of Claim because that's what you'll be addressing in your Defence?

                      Maybe [MENTION=49370]Kati[/MENTION] will merge your threads if you give her your permission?

                      Di

                      Comment


                      • #12
                        Re: Court defence -unreasonable service fees-leasehold

                        Originally posted by Diana M View Post
                        What is the claim Issue Date (the Defence deadline will be 33 days from then)?

                        I've now found the answer to my question on your other thread in this post >

                        Originally posted by Amethyst View Post
                        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.

                        @R0b @des8 @crazyCouncil ? maybe ?

                        This means your Defence deadline is tomorrow (Monday) by 4 pm.

                        Maybe one of the three members tagged in the post can help you if you can say what the Particulars of Claim state.

                        You can only be charged for things that the lease says you are responsible/liable for. Most leases oblige you to pay towards 'repairs and maintenance' not 'improvement or upgrade' of the property.

                        Any works that will cost any lessee more than £250 (contribution) should be subject to a section 20 consultation. If the Notices aren't served correctly then the Freeholder can't make you pay.

                        You can also call the Leasehold Advisory Service's free helpline on 0207 832 2500 (they're open from 9.30 am until 3 pm Monday to Friday).

                        Di

                        Comment

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