Court defence -unreasonable service fees-leasehold

[Evie]

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!)

[des8]

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

[warwick65]

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/

[Diana M]

Re: Court defence -unreasonable service fees-leasehold

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

[Diana M]

Re: Court defence -unreasonable service fees-leasehold

Does this matter relate to your other thread?

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

[Kati]

Re: Court defence -unreasonable service fees-leasehold

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

[Diana M]

Re: Court defence -unreasonable service fees-leasehold

as soon as I'm asked I'll do it xx

Splendid

Di

[Evie]

Re: Court defence -unreasonable service fees-leasehold

Thanks.

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

[Diana M]

Re: Court defence -unreasonable service fees-leasehold

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

[Evie]

Re: Court defence -unreasonable service fees-leasehold

Yes!

- - - Updated - - -

I just need advice on how to write a defence

[Diana M]

Re: Court defence -unreasonable service fees-leasehold

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

[Diana M]

Re: Court defence -unreasonable service fees-leasehold

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 >

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