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Hello,
I wonder if anybody could help me with advice as to how to file for an Order for Specific Performance along with damages arising from breach of covenant please?
History
The case relates to an ongoing dispute I have with the freehold at a leasehold flat I own (I own an equal share of the freehold). The claim relates to the freeholds failure to uphold repairing obligations set out in the lease and the subsequent dilapidation of the building / continuous issues arising thereform.
I've been taking professional legal advice for 2 years, which has cost me £15,000, and have had 2 sales abort at a cost of a further £5,000 as a result of unresolved problems with the building. I have completely depleted my savings and at the same time my mortgage has doubled and I am now at risk of losing my property. The value of the property has also diminished by £50,000 since first being marketed in 2021, partly due to the state of the building, which is grade II listed, and the ongoing flood risk in the basement beneath my flat (which the freehold own and are responsible for maintaining).
Questions
My question are:
- which court should I apply to: fast track or multi-track (the case involves both specific performance and a claim for damages)
- which form do I need to apply with (I've been advised it's the N16a form, but I believe I've been misinformed). I want to apply for a specific performance order, not a mandatory injunction
It should be noted that the disrepair issiues are convoluted and likely to be disputed by the other side. Also that, according to professional surveyors' reports, the amount that needs investing in the building could be anywhere between £100,000 and £500,000 over the next decade.
In terms of damages I would like to claim for:
- legal fees (£10,000-£15,000)
- aborted sales fees (conveyancing and estate agency fees of approx. £5,000)
- diminution in sales value of £25,000
- out of pocket expenses including security and flood monitoring equipment, decorating sundries, hire equipment and and expenses incurred travelling to / from the property to deal with issues etc.
NB The freehold has less than £30,000 in cash. Their only asset is the freehold of the building. I have been advised however that it may be possible to make a charge against individual leaseholders' properties, which would probably be a deterrent enough to achieve some sort of resolution and compensation.
I realise also that the burden of proving 'disrepair' is on me, and that it will inevitably be disputed by the freehold.
Any advice would be greatly appreciated (I've exhaused all the usual avenues: Citizens Advice, Leasehold Advisory Service, Advocate etc.). I just need to get the forms submitted now. ASAP.
I wonder if anybody could help me with advice as to how to file for an Order for Specific Performance along with damages arising from breach of covenant please?
History
The case relates to an ongoing dispute I have with the freehold at a leasehold flat I own (I own an equal share of the freehold). The claim relates to the freeholds failure to uphold repairing obligations set out in the lease and the subsequent dilapidation of the building / continuous issues arising thereform.
I've been taking professional legal advice for 2 years, which has cost me £15,000, and have had 2 sales abort at a cost of a further £5,000 as a result of unresolved problems with the building. I have completely depleted my savings and at the same time my mortgage has doubled and I am now at risk of losing my property. The value of the property has also diminished by £50,000 since first being marketed in 2021, partly due to the state of the building, which is grade II listed, and the ongoing flood risk in the basement beneath my flat (which the freehold own and are responsible for maintaining).
Questions
My question are:
- which court should I apply to: fast track or multi-track (the case involves both specific performance and a claim for damages)
- which form do I need to apply with (I've been advised it's the N16a form, but I believe I've been misinformed). I want to apply for a specific performance order, not a mandatory injunction
It should be noted that the disrepair issiues are convoluted and likely to be disputed by the other side. Also that, according to professional surveyors' reports, the amount that needs investing in the building could be anywhere between £100,000 and £500,000 over the next decade.
In terms of damages I would like to claim for:
- legal fees (£10,000-£15,000)
- aborted sales fees (conveyancing and estate agency fees of approx. £5,000)
- diminution in sales value of £25,000
- out of pocket expenses including security and flood monitoring equipment, decorating sundries, hire equipment and and expenses incurred travelling to / from the property to deal with issues etc.
NB The freehold has less than £30,000 in cash. Their only asset is the freehold of the building. I have been advised however that it may be possible to make a charge against individual leaseholders' properties, which would probably be a deterrent enough to achieve some sort of resolution and compensation.
I realise also that the burden of proving 'disrepair' is on me, and that it will inevitably be disputed by the freehold.
Any advice would be greatly appreciated (I've exhaused all the usual avenues: Citizens Advice, Leasehold Advisory Service, Advocate etc.). I just need to get the forms submitted now. ASAP.
