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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello Alex Watts. We were served with a S20 notice in relation

Resolved Question:

Hello Alex Watts. We were served with a S20 notice in relation to external works to our windows and other areas. we were given three different quotes for these works. However since I challenged them that if they repair our windows they will be breaching our lease and I will apply for injunction if they intend to do, they have now sent a letter to every one that we are going to assess via scaffolding that which windows need repair and the individual lessees will be charged individually rather collectively by service charge, if the lessees agree that they do the repairs in their behalf. My question is:
since the position is changed to the one in the section 20 notice and the cost will be different too, shouldn't they provide a new quote and S20 notice with their new position?
Also should the S20 notice be served by hand or there isn't such requirement?
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes they should provide new quotes and indeed a new S.20 notice.

Alex Watts :

The S.20 notice can be served by post, it does not have to be by hand

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you Alex

Customer:

I have a hearing on 9th of July. I had withheld a certain amount of my service charge for the reasons of the breach of the lease by Landlord. landlord issued a summons against me. I have paid all on the receipt of summons

Customer:

sorry

Customer:

However I made a counter claim against the landlord. I once had to change the date of the hearing as both i and my friend whose name is ***** ***** the lease but does not live in the flat were away due to work commitment.

Customer:

my question is:

Customer:

I am mentally not ready at all and drained and cannot appear at the hearing as I had to deal with the other problem witht he landlord for the external work and possible restraining order.

Customer:

Would I be able to postpone the hearing since it is only one day left before the hearing?

Customer:

Also I received the bundle from landlord's lawyers, and the barrister is the same one that I had an experience with in LVT about unreasonable charges. I believe of misconduct on his part. since they had changed the sworn statement of a porter to landlord favour in addition to other problems. could I inform the court that due to thsi misconduct and his previous behavior I will no appear while he is the barrister due to the past experience and his misconduct?

Customer:

thank you

Alex Watts : You can apply to adjourn proceedings but you need a good reason to do so. Not being prepared mentally is not a good enough reason sadly.
Alex Watts : You can try and adjourn the hearing but you may have to be prepared to go ahead with it.
Alex Watts : The barrister won't have had anything to do with a sworn statement being changed.
Alex Watts : Unless there has been a finding by a regulatory body against the barrister, you won't get an adjournment.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything else?
Alex Watts : As for the barrister he only represents the case.
Customer:

Thank you. Of course I need an honest answer. Actually the barrister knew the chair at the LVT hearing and was controlling the show by winking at the chair when he wanted to stop me from more questions from a witness or other reasons and the Chair would do so. It was also clear from the statement in the court that the case was discussed between the chair and the barrister outside and before the hearing started, but it seems it does not help me.

Customer:

My question is if I have to appear could I let the judge know of his previous misconduct? although he did not change the statement he defended it as I mentioned it int the hearing and got a statement from the porter whose statement was changed.

Alex Watts : You can try but it's not relevant. If there was inappropriate conduct last time really you should have reported it.
Alex Watts : It is unlikely to have been discussed beforehand, otherwise you would appeal.
Alex Watts : Does this help?
Customer:

thank you. Does stat dec help in this case?

Customer:

the order is: 1- List application for 2 hour 30 minutes on first open date with parties to attend

Customer:

2- case management Conferrence to take place immidiately after the hearing of the application to give such further direction as are appropriate

Customer:

Also do I need to provide all my evidences in this hearing?

Alex Watts : No you can't do a stat dec, you are aware of proceedings.
Alex Watts : The evdience for an adjournment and this hearing, but not your final evdience.
Alex Watts : you only provide that if there has been an order of the tribunal.
Alex Watts : Can I clarify anything else?
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