My question is that, it seems to be a normal procedure for the landlord to charge legal fees to service charge account. However at times landlords take individual lessees to court to reimburse the legal fees they have charged on service charge account.
My landlord took me to court for a small amount of service charge I had withheld. I had made a counter claim against the landlord.
At the time that I received the summons I paid the withheld amount in full.
the day of the court I was ill and could not attend. They estimated their legal fees £15000.00 for small claim court.
I was ordered to pay this amount.
I had applied for the case to be set aside. A hearing date is set for 17th of July to argue the case.
I have recently inspected the supporting documents to our service charge account. I notices that the legal fees that they are claiming from me has already been paid through our service charge account that I pay my share as a leaseholder.
1- Isn't it abuse of the legal system to claim fees through courts when I have already partly paid it, even if they claim they want to reimburse it back to the service charge account, as they have not specified to the court during the past year that they have already charged the payment through the service charge account? isnt that making false statement?
2- They have also applied for a charge order which will be heard on the same day and have put £15000.00 charge amount on my property. Can they do that when these legal fees have already been paid?
I have also proved that their service charge statement of account did not comply with the law (S21of landlord&tenant Act 1985) and they had to correct the Statement/summary of account and send the amended version to me:
3- If the accounts were not in compliant with the law, will the demand (their claim in the court for the withheld amount which the high legal fees arose from it), which was based on that summary be lawful?
Another words can I go to court and claim that they cannot claim these legal fees as it arose from a demand which was unlawful?