Landlord got CCJ on Service Charges - can we appeal?

[knights templar]

Hi Cags,

We wish to make a claim for our services charges which we paid ;

but was told that we had not paid.

 

The matter ended up in Court was wrongly advised to accept the bill

because we were unable to produce recipts of payment at the time.

 

Our case hinges on the fact;

that if from the records of the landlords we had not paid our service charge for ten years as they claim ;

that was clear infringement of our lease;

 

the question we like to ask is why did not the landlord take us to Court at the time?

 

Although we have sold the property and the so called ,arrears, settled through our solicitors

 

can we still take the matter to Court for a rexamination of the whole payment arrears

as we are still not happy and believe we have cheated.

 

Any takers please

 

 

Knights Templar

[andydd]

Can you explain this a bit clearer ?

 

Who advised you to 'accept the bill' ?.

 

By 'infringement of the lease' you mean a breach of covenent, this process is slightly different. If a landlord is chasing you for service charges then there are 2 routes he can take:-

 

1) Start a S146 claim, this is for possession of the property, so seriopus but rarely fully suceeds and is more likely used for the scare factor.

 

2) A 'normal' court monetary claim (I assume this is what happened).

 

Service charges are not automatically payable, they must first be demanded (in accordance with the lease) and after Oct 2007 in accordance with Section 21B of The landlord & tenant Act 1985.

 

There are many defences to servicer charges (and either yuou or L can apply to an LVT to rule on it).

 

Your problem would appear to be your previous 'admission' (I was in the same boat when I was niave and 'admitted' an amount in 2005.)

 

I'm afraid I dont know much about overturning previous court decisons (but would like to know too).

 

Also there would appear to be some sort of limitation, its very unlikely a landlord could chase you for anything over 6 years (and it many cases for service charges, the limit is 18 months).

 

Andy

[knights templar]

Hi Andy,

Responded to your thread regarding service charge this afternoon.

 

Very foolish of us to have accepted debt initially;

 

was advised by Solicitor to accept otherwise this would delay sale of property

as landlord could instigate a charge on property.

 

We belive there are quite a number of anomalies in their submission to the Court

which I would seek some thread from other cags.

 

Quite interesting your point about the issue of ststutte limitation ;

 

can we use this a part of our defence ?

 

Knights Templar:?:

[andydd]

Yes..When u r selling it is best to avoid dsiputes, i believe you are supposed to disclose any disputes to potential buyers..jeez..Id be screwed if I wanted to sell. Ive had one LVT case (partial succesful), one court case regarding ground rent and upcoming are another court case regarding refund of amounts decided in first LVT and another court case about landlords breach of lease for not repairing driveway area.

 

Anyway, The limitation act is normally thought of as 6 years, with some exceptions, when tenants have argued about service charges it can sometimes be 12, although im pretty certain when landlord is chasing tenant the limit is 6 years.

 

You may like to visit LandLordZone, where I and many others discuss leasehold issues, this thread is about limitation issues.. http://www.landlordzone.co.uk/forums/showthread.php?32657-Service-charge-arrears

 

There is a seperate 18 month rule for service charges see Section 20B http://www.legislation.gov.uk/ukpga/1985/70 but this can be overidden by Paragraph (2)

 

Andy

[knights templar]

Hi Andy,

 

Good response and kind for your statute limitation on the issue limitation;

 

but I still not quite sure whether I can challenge the landlord in Court or LVT

for a review of the case since I believe we have double paid the landlord on our service charge.

 

The onus on us would be perhaps to produce the previous receipts to the LVT or the Courts;

 

to prove that we have paid as claimed by the landlords

 

but you see we do not have the receipts as this goes as far back many years

 

and have lost or destroyed payments receipts,

 

but as I ponted put if we had not paid our service charge for such a long period

 

we may the have broken the terms of our lease in which case why did not the land lord take us to the LVt

 

or the Courts to claim their service charge ; this puzzling ?

 

Any way hope a cags comes on line with some line on the matters.

Knights Templar

[andydd]

As I suggested above, perhaps hop over to landlord zone - long Leaseholds and post the question there ?

 

You will however have a hard time at an LVT if you have made any type of admission at county court (as I found out !).

 

Andy

[knights templar]

Hi,

Thanks for yur thread on service charge;

 

you are correct it is not easy to win at the LVT;

 

I think I may have to think carefully before any action on the matter.

 

Need a quicky on this thread ;

 

hoe any cags may come up with something.

 

 

Combined loan and overdraft into a one loan -£30k by Nat West Bank

 

unable to pay ended up in Court ;

 

Court decides monthly payment £50.00 per month .

 

Can still request CCA Nat. West ,

 

although payment have been determined by Court?

 

Knights templar