Leasehold Fraud

[bellijayne]

I wonder if there is anyone among you, who have experienced Leasehold Fraud.

 

The point being, in that some may have been Repossessed due to Service Charges,

even when they've redeemed their Mortages for the considered sum.

I'm looking to speak to anyone who fits that specific criteria.

 

It appears that Leaseholders are being deemed as Tenants..

. This is a sufferance & not to be mixed up with actual Tenants.

Even RICS have stated that Managing Agents in particular are the wild west of their industry.

 

Also how many have the statement:

"the lessor is seised of fee simple in possession free from encumbrances"

- as far as I know with that statement it should mean once the Mortgage is redeemed - it's yours.

 

Providing you've been in situ in excess of 12 Yrs with the Freeholder not actioning recovery of the Premises

- you're meant to be on the home run.

Apparently not so.

 

So does anyone have any info about this?

[bellijayne]

I stumbled across this recently which may assist those in disputes as to Service Charges, contracts among others.

Read for yourselves the following:

Unfair Contract Terms 1977

Liability arising in contract - Introductory 3. (1) have you seen sight of their contract as in proof as to their terms of business? If you have no contract that you have signed stating you agree to them acting on behalf of the Freeholder, would mean that there is no case to answer insofar as any alleged Debt is concerned? A lot of Freeholders assume that they have a contract with you in that you signed a Lease (a signed contract under seal) & as such can charge what they want. Actually that's not the case. The basic concept of a contract is they offer a service and you accept = a contract. If you you've never been offered a contract then you can challange this

4. Unreasonable Indemnity Clauses - 4.(1) no you can't be locked in to an unreasonable

contract. Think of the context here, you are written to outlining their proposal for proposed works & you know full well it's an inflated price. What to do next? Quote this back at them then.

Other provisions about contracts - "Avoidance of provision excluding liability for misrepresentation"

8. (1) above is linked to the Misrepresentation Act 1967 (b) any remedy available to another party to the contract by reason of such a misrepresentation that term shall be of no effect in so far as it satisfies the requirement of reasonableness as stated in Part 1 s.11 (1) of the Unfair Contract Terms Act 1977 ; and it is for those claiming that the term satisfies that requirement to show it does. the magic word here is reasonableness & the onus is on the otherside to prove their case.

Hope this helps some of you out.

[bellijayne]

I stumbled across this recently which may assist those in disputes as to Service Charges, contracts among others.

Read for yourselves the following:

Unfair Contract Terms 1977

Liability arising in contract - Introductory 3. (1) have you seen sight of their contract as in proof as to their terms of business? If you have no contract that you have signed stating you agree to them acting on behalf of the Freeholder, would mean that there is no case to answer insofar as any alleged Debt is concerned? A lot of Freeholders assume that they have a contract with you in that you signed a Lease (a signed contract under seal) & as such can charge what they want. Actually that's not the case. The basic concept of a contract is they offer a service and you accept = a contract. If you you've never been offered a contract then you can challange this

4. Unreasonable Indemnity Clauses - 4.(1) no you can't be locked in to an unreasonable

contract. Think of the context here, you are written to outlining their proposal for proposed works & you know full well it's an inflated price. What to do next? Quote this back at them then.

Other provisions about contracts - "Avoidance of provision excluding liability for misrepresentation"

8. (1) above is linked to the Misrepresentation Act 1967 (b) any remedy available to another party to the contract by reason of such a misrepresentation that term shall be of no effect in so far as it satisfies the requirement of reasonableness as stated in Part 1 s.11 (1) of the Unfair Contract Terms Act 1977 ; and it is for those claiming that the term satisfies that requirement to show it does. the magic word here is reasonableness & the onus is on the otherside to prove their case.

Hope this helps some of you out.

I should have also included this too

25. (3) (b) Right of remedy of a crap contract - this Act came in to being 1/2/1978

[bellijayne]

I should have also included this too

25. (3) (b) Right of remedy of a crap contract - this Act came in to being 1/2/1978

And this...

s.11 (1) "the term shall have been a fair & reasonable one to included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made" therefore both parties should be aware as to what the Lease says, a Freeholder & yes this does apply, can't make the rules up as he/she goes along or of their 'Managing Agents' either. So if your Lease does not make for the specific proviso - tough on them.

[bellijayne]

I'll be adding in to this.

Those of you who are Leaseholders may find this useful

 

Commonhold Leasehold Reform Act 2000

112 Defeinitions (2) (b) Tenancy can not be used as a sufference - too many Freeholders are now making out that Leaseholders (residential) are only Tenants. This has to stop.

 

Has anyone else been labelled as such on here?

[Gullyver]

Excellent work bellijayne, I am now on the verge of becoming homeless due to leasehold fraud aided by conveyance and mortage deception

[*RainbowTears*]

Oh gawd that don't sound too good Gullyver.

 

As this is an old thread, could you open a new one & explain what it is that's happened to you.

 

There are some CAGers who should be able to help you, as they pop in over the holidays.

[andydd]

As suggested please start a new thread.

[Gullyver]

Dear andydd, I will start a new thread as suggested, I am in a full emergency as I am practically homeless after a sequel of scams - any advise is urgently required, belliyjane thread is very interesting and I would welcome any opinion from her or anyone else