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Anyone out there able to help with my ex's problem?
She has drafted the below defence, but i don't know enough about this type of thing to help. This is what she has sent me.
Hi ....
Thanks for seeing what you can do to help. The solicitor is really busy and haven't got back to me to let me know whether or not they can help. It's nearly time for me to submit my defence, and im at a loss as dont want to be caught out with not having submitted a response in time.
1. I, ............,the Defendant, is a leaseholder in a building containing .... flats ,at............ and which is now a Tripartite Lease.
2. Save as specifically admitted in this defence, the defendant denies each and every allegation set out in this particular of claim.
3. the defendant, received the claim form, Claim No: ................. from the.................... on ...........2019.
4. the defendant denies that monies are owed to the Claimant as alleged in the Particulars of Claim
5. The Claimant states in the Particulars of Claim that their claim is based upon the defendants failure to pay ground rent
6. The defendant denies that they have breached the covenant referred to in paragraph (a) of the particulars of claim in that monies are owed in ground rent. On the .....19 an invoice was sent to the defendant by the claimant for ground rent/maintenance/insurance and misc etc. this document does not state that any ground rent are owed or in arrears.
7. The defendant is unable to admit or deny the claim of breach the covenant referred to in paragraph (b) of the particulate of claim as The Claimant has failed to provide adequate information in response to the changes in the variation of the section 20 schedule of works.
8. Under section 19(1)(a) and section 19 (1) (b)The Claimant has failed to provide details of how the service charge has been varied to enable me to properly assess my position with regards to the determination of the reasonableness of and liability of this claim.
9. At the date of filing this Defence the Claimant has 'signed off 'on works never undertaken but specified as part of the section 20 schedule of works, and billed for.
10. Section 19 of the Landlord and Tenant Act 1985 states that a service charge is only payable in so far Section 19 of the Landlord and Tenant Act 1985, which states that a Service Charge is only payable to the extent that the works or services are carried out to a ‘reasonable standard’ and in so far as reasonably incurred and represents value for money.
11. Further section 19 of the landlord and tenant act states that if a leaseholder can provide sufficient evidence to suggest that costs were not incurred, but formed part of a service charge demand, then the burden of proof lies with the claimant to provide evidence that these costs were actually incurred.
12. Having varied the schedule of works bill by at least 10% in breach of section ……(?) the claimant did not have good reasons for the decisions they made in including any such cost on the basis that these costs have not been incurred as the works were not carried out, and/or carried out all works to a reasonable standard or reasonably incurred and or that in order for works to be classed as a ‘repair’ they must be a response to ‘disrepair’.
13. On the ........2019, the defendant made the Claimant aware in writing and provided photographic evidence of poor workmanship/work not completed/damage to my sole demise area to date not all of my concerns and queries have been responded to
14. From the 1st October 2014 all professional property managers are equired to join one of the three Government approved statuary Redress Schemes:
despite repeated request the Claimant has failed to provide information on their complaints procedure and information on which redress scheme they have been obliged to register with.
15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. further if a Lease allows for a type of cost to recharged, that does not automatically mean that the amount which is charged is reasonable.
16. The defendant requests the court orders the Claimants to provide the necessary documentation/evidence in response to my original queries in order for me to fully plead my case else the Claim should stand struck out.
I7. In the event that the relevant documents/evidence are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe the facts stated in this defence are true.
She has drafted the below defence, but i don't know enough about this type of thing to help. This is what she has sent me.
Hi ....
Thanks for seeing what you can do to help. The solicitor is really busy and haven't got back to me to let me know whether or not they can help. It's nearly time for me to submit my defence, and im at a loss as dont want to be caught out with not having submitted a response in time.
1. I, ............,the Defendant, is a leaseholder in a building containing .... flats ,at............ and which is now a Tripartite Lease.
2. Save as specifically admitted in this defence, the defendant denies each and every allegation set out in this particular of claim.
3. the defendant, received the claim form, Claim No: ................. from the.................... on ...........2019.
4. the defendant denies that monies are owed to the Claimant as alleged in the Particulars of Claim
5. The Claimant states in the Particulars of Claim that their claim is based upon the defendants failure to pay ground rent
6. The defendant denies that they have breached the covenant referred to in paragraph (a) of the particulars of claim in that monies are owed in ground rent. On the .....19 an invoice was sent to the defendant by the claimant for ground rent/maintenance/insurance and misc etc. this document does not state that any ground rent are owed or in arrears.
7. The defendant is unable to admit or deny the claim of breach the covenant referred to in paragraph (b) of the particulate of claim as The Claimant has failed to provide adequate information in response to the changes in the variation of the section 20 schedule of works.
8. Under section 19(1)(a) and section 19 (1) (b)The Claimant has failed to provide details of how the service charge has been varied to enable me to properly assess my position with regards to the determination of the reasonableness of and liability of this claim.
9. At the date of filing this Defence the Claimant has 'signed off 'on works never undertaken but specified as part of the section 20 schedule of works, and billed for.
10. Section 19 of the Landlord and Tenant Act 1985 states that a service charge is only payable in so far Section 19 of the Landlord and Tenant Act 1985, which states that a Service Charge is only payable to the extent that the works or services are carried out to a ‘reasonable standard’ and in so far as reasonably incurred and represents value for money.
11. Further section 19 of the landlord and tenant act states that if a leaseholder can provide sufficient evidence to suggest that costs were not incurred, but formed part of a service charge demand, then the burden of proof lies with the claimant to provide evidence that these costs were actually incurred.
12. Having varied the schedule of works bill by at least 10% in breach of section ……(?) the claimant did not have good reasons for the decisions they made in including any such cost on the basis that these costs have not been incurred as the works were not carried out, and/or carried out all works to a reasonable standard or reasonably incurred and or that in order for works to be classed as a ‘repair’ they must be a response to ‘disrepair’.
13. On the ........2019, the defendant made the Claimant aware in writing and provided photographic evidence of poor workmanship/work not completed/damage to my sole demise area to date not all of my concerns and queries have been responded to
14. From the 1st October 2014 all professional property managers are equired to join one of the three Government approved statuary Redress Schemes:
despite repeated request the Claimant has failed to provide information on their complaints procedure and information on which redress scheme they have been obliged to register with.
15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. further if a Lease allows for a type of cost to recharged, that does not automatically mean that the amount which is charged is reasonable.
16. The defendant requests the court orders the Claimants to provide the necessary documentation/evidence in response to my original queries in order for me to fully plead my case else the Claim should stand struck out.
I7. In the event that the relevant documents/evidence are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe the facts stated in this defence are true.
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