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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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2. Is it an offence Lease Owner or Maintenance Co to

Customer Question

2. Is it an offence for the Lease Owner or Maintenance Co to apply significantly lower Service Charges to the properties owned by the Lease Owner, whilst informing the other property owners that ‘all Service Charges are calculated purely on the square footage of each property’? I found a copy of service charges applied to each band of properties that had been posted out in 2011 by the Maintenance Co and cross-checked this against the metre squared property size of all 30 dwellings using data from the Energy Performance Certification Database. You can see from the percentage variance to the average cost per square metre of property below that some are paying up to 78% below the average. Four of these properties are owned by the Lease Owner who is imposing the increases. I can prove this as I have downloaded the Leasehold tenures from the Land Registry
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Is it an offence - no. It is not criminal.What you have is breach of contract. Therefore you can sue for loss and damage. Your loss is the EXTRA you have had to pay. You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
???
Expert:  Ash replied 1 year ago.
Do you have a number we can chat on?

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