The issue of costs that are the responsibility of the tenant?16:06 PM, 30th July 2019
About 3 weeks ago 50
Hope I can get some advice, which is always appreciated from the 118 community
Briefly, our freeholder took us to First Tier Tribunal in July over numerous issues and lost on all counts.
The main issue was service charges. He charged us in advance, does NOT issue any service demands which do not comply with s21b(1) landlord and tenant act 1985, don’t contain statements of our rights etc.
“under this demand, the landlord is unable to recover due service charges until he complies with the act and process. This he has now done, however, the tribunal also stated “the tribunal was only asked to consider the service charges for 2017/18, but the principles will be relevant to the subsequent years. THE PARTIES MAY NEED TO CONSIDER WHETHER THOSE PRINCIPLES HAVE APPLICATION TO CHARGES DEMANDED IN PREVIOUS YEARS”
So, my question is simple, I guess the tribunal is saying that maybe we are also not liable for the previous3 years of service charges, does anyone else come to this conclusion or whats implied and does anyone have an opinion?
He took us to court on 5 issues and lost all 5 issues, ranging from him supplying fake quotes for works submitted and charging is 000’s, to demanding a service charge each year and wanting a kitty which is not allowed in our lease for this provision, to charging us for work he cant prove he paid, to charging service charges and splitting the % as he deems fit, not as a set % based on xyz formula (the tribunal also said this was not fair and was not legal)
Rambled on a bit but tempted to inform him that he did not comply with the process of how demands should be met and we are due to a refund and if he’s unhappy we can always go back once again to tribunal. Its many 000’s of £, so it’s not a few hundred quid!
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