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is it possible to reopen or appeal a case with new evidence?

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  • is it possible to reopen or appeal a case with new evidence?

    I made a claim by tribunal against a company for breaching the lease covenants. I believed the Landlord Company had allowed on one occasion a breach or a vary of a lease contract without the consent of all the lease owners in the block. I was told by lease advice that changing the lease, even as an exception would require the approval of all those having the same lease. in the end it came down to whether the meeting had discussed or voted on all of the relevant terms of the lease schedule, or whether they had excluded some for the purpose of getting all of the managers to sign a Form LL type certificate stating that all of the covenants of the lease had dealt with and provided. At the hearing I could not show any proof that the vote had considers only some or all of the necessary points. and I lost the case.
    Nearly a year later I have discovered proof that the meeting had in fact for whatever reason excluded a necessary factor required for the vote to waive the clause. My belief is that the Landlords knew that by including these missing points would trigger a requirement for the general approval of all members, not just a majority of the board. I think I am way past the date to appeal the decision as it has been about 10 months since the trial. Do I have any options that can overturn or revisit the original judgement?
    Last edited by nobones; 9th December 2023, 12:03:PM.
    Tags: None

  • #2
    Hi all, I am the claimant and have taken my ex landlord to small claims court. He has not filed a DQ and therefore tge case has been struck out. This has taken a lot longer than usual as the court have had a backlog. My question is I will now go to judgment however he hasn't admitted anything so would it be judgment by default. I apologise if this sounds silly and rather obvious but I don't want to make a mistake. The sum in question is around £3,500 for failure to give back my deposit when I left the commercial property. Thank you

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