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PWW
I am a leaseholder and the freeholder is a HOUSING ASSOCIATION .
They have breached the repair covenant .
I sent many letters requesting repair- no reply
I sent 3 quotes for work and gave 2 further weeks or I would pay and carry out repairs -incudes tree trimming , graffiti remove off my front wall , paint front back doors and moss removal from front of my entrance .
Now freeholder has sent court cliam for service charge arrears form 2017 .There was NO NOTICE or WARNING or LETTER BEFORE CLAIM .
Q1 ) Because there is non compliance with PRE ACTION PROTOCOL - in practice does court request restart or freeholder may incur additional costs at end if lose ?
q2 ) My DEFENCE is EQUITABLE OFFSET , but the lease has a exclusion clause -" rent is to be paid WITOUT DEDUCTIONS "
a) What is the RELEVANT CASE LAW for RESIDENTIAL leases that has ALLOWED OFFSET DESPITE exclusion clause( For COMMERCIAL leases I found CONNAUGHT restaurants v INdoor leisure and LORI v Halliwell BUT CANNOT FIND for RESIDENTIAL LEASE )
b) Can I apply COMMERCIAL case law for RESIDENTIAL LEASE ? would court accept this ?
q3) what are the relevant specific legislation( under LTA 1985 etc )
q4 service charge is reserved as RENT.
a ) Are the service charge arrears beyond 6 years i.e 2019 January STATUTE BARRED because beyond 6 years ?
b) Is there any path /forum freeholder can submit claim for these ?
q5 Is offset applicable ONLYto repairs that are URGENT and SPECIFIC to MY property or to ANY item paid for UNDER SERVICE CHARGE ?
They have breached the repair covenant .
I sent many letters requesting repair- no reply
I sent 3 quotes for work and gave 2 further weeks or I would pay and carry out repairs -incudes tree trimming , graffiti remove off my front wall , paint front back doors and moss removal from front of my entrance .
Now freeholder has sent court cliam for service charge arrears form 2017 .There was NO NOTICE or WARNING or LETTER BEFORE CLAIM .
Q1 ) Because there is non compliance with PRE ACTION PROTOCOL - in practice does court request restart or freeholder may incur additional costs at end if lose ?
q2 ) My DEFENCE is EQUITABLE OFFSET , but the lease has a exclusion clause -" rent is to be paid WITOUT DEDUCTIONS "
a) What is the RELEVANT CASE LAW for RESIDENTIAL leases that has ALLOWED OFFSET DESPITE exclusion clause( For COMMERCIAL leases I found CONNAUGHT restaurants v INdoor leisure and LORI v Halliwell BUT CANNOT FIND for RESIDENTIAL LEASE )
b) Can I apply COMMERCIAL case law for RESIDENTIAL LEASE ? would court accept this ?
q3) what are the relevant specific legislation( under LTA 1985 etc )
q4 service charge is reserved as RENT.
a ) Are the service charge arrears beyond 6 years i.e 2019 January STATUTE BARRED because beyond 6 years ?
b) Is there any path /forum freeholder can submit claim for these ?
q5 Is offset applicable ONLYto repairs that are URGENT and SPECIFIC to MY property or to ANY item paid for UNDER SERVICE CHARGE ?