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mathematricks

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  1. Hi legalistic, I do not have a leasehold property. It's a freehold property with a covenant to pay for the upkeep of the communal facilities. This would render the arrangement into an Estate Rentcharge, which is not covered by the Landlord & Tenant Act 1987. There is no provision for a leasehold tribunal. Instead, it is covered by the Rentcharges Act 1977, and further, the Law of Property Act 1925.
  2. I am a freeholder with a covenant to pay for the upkeep of communal facilities - which is shared with other freeholds and leasehold flats. My Transfer (TP1) does not have an annexed 'right of entry' clause. The service charges are regarded as estate rentcharges (although not explicitly stated in the transfer). I have very good grounds on disputing the service charges, for which I would actually like to the County Court to make a judgement. The management company employed a solicitor firm a few years ago to threaten me into paying all costs. I paid for costs that I thought were reasonable, which they did not accept as a settlement. I expected a county court summons - instead nothing happened for a couple of years and now the management company have employed another solicitor firm. I've asked the new solicitors to go to the county court for a judgment. Instead, they've decided to approach my mortgage company based on section 121 of the Law of Property Act 1925. I understand that under this law, the management company can take possession of my property only to recover the cost of the rentcharge. However, my dispute is that that I have not broken the covenant as the costs I'm being charged for are unreasonable. The solicitors wrote the mortgage company saying that "under section 121 of the Law of Property Act 1925, to obtain possession a County Court Judgment is not required... if payment is not made within 14 days, we will enter into possession without any further notice". My mortgage company has told them that they won't be taking any action (at least for now) and for me to contact he solicitors to sort out the issue. I'd be really grateful if someone can clarify how they can enter possession without a County Court Judgement?
  3. Hi, I have a freehold property that I own. Unfortunately, we share the estate with some flats and have common communal area that I am liable to pay a service charge. The TP1 defines: "communal facilities: the Common Access car parking spaces and all open space and landscaped areas shown for the purposes of identification shaded green on Plan 2" "Projections: Including foundations chimneys flues eaves gutters spouts canopies pipes fence posts wall piers and similar projections now or within the Perpetuity Period constructed on the Estate" SERVICE CHARGE COSTS 1. Repairing maintaining inspecting and as necessary reinstating or reviewing the Communal Facilities A cropped photo of plan 2 is shown in the attached. On the left hand shaded area reside 2 chimneys which are listed buildings, which are part of the service charges. My question is that does the definition of Communal Facilities as states in your opinion include the chimneys even though they may reside within the shaded area? Thanks for your help.
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