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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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following my previous question in the restraining order that

Resolved Question:

Hello Alex Watts.

following my previous question in relation to the restraining order, could I also in the same restraining order apply for the freeholder to end the services of their current lawyers whose charges are extremely high and their dishonesty creates unnecessary cost to our service charge account. I have two different letters from them within three days. In the first letter they state that I am misguided about a clause in our lease and the landlord do not need need the consent of lessees to repair the windows. However after notifying them of possible injunction about the external work , they have now sent another letter stating that the landlord do need the consent of lessees. Obviously they are quite aware about our lease and knowingly misled me at our cost. All these letters debited from our service charge account.

2- Also a few days ago buying time with communications, landlord have started erecting the scaffolding, can an injunction act still be taken.

Submitted: 3 years ago.
Category: Property Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 years ago.

I do not understand why Alex Watts the same lawyer who was dealing with my inquiry is not dealing with it.

Since the lawyer is not responding, I also have concern whether I can rely on previous responses I received in relation to my inquiries in this regard which is about restraining order or injunction. Can I be assured that I can rely on the responses I received?

Expert:  Ash replied 3 years ago.
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
You can't stop them using someone but you could seek a declaration that the prices are too high. But you can't stop them using a higher price. But you can challenge if at a Tribunal.
Does that help?
Alex
Customer: replied 3 years ago.

Hi. Thanks

Previously I'd asked you about injunction against my landlord to stop the external work on our block for misleading information in the S20 notice "intention of work" and therefore seeking a new consultation for this work. You responded it was good enough reason to seek injunction. However I have also been told by different advisers not in this forum that my chance of wining the argument is not strong as they do not have to go through another consultation and instead I can say I am not liable for more than £250.00 because they were misleading in the S20 notice. Could you clarify please?

Expert:  Ash replied 3 years ago.
If a notice has been based on lies and fraud then it simply can not be valid.
Does that clarify?
Alex
Customer: replied 3 years ago.

What you say it also make sense to me but I do not understand why the lease advisory lawyer believes otherwise as i have the chance to challenge the cost and misleading info in tribunal.

1- How about the second part of my question?

2- I purchased this property from the landlord and not the third party. At the time of the purchase it was with laminated (timber) flooring. when I extended the lease 5 years ago it was extended with laminated flooring. Our lease states that we are not allowed to have laminated flooring, although quite a few people have it. No one has ever complained against me for any noise coming through my floors.

Landlord have now written to me that i have two weeks to confirm that I am putting fitted carpet and removing my laminated flooring.

Could they do that although I purchased the property with laminated flooring from the freeholders?

Expert:  Ash replied 3 years ago.
1. That is correct save for the fraud element.
2. If they knew about it no. Although there is a breach they have accepted the breach for at least 5 years. This is called affirmation, so no.
Does that clarify?
Alex
Customer: replied 3 years ago.

1- Sorry what I meant was the lease advisory tells me since I have the right to challenge it in tribunal, I would not have a strong case for injunction. Is it true?

Also is it true that if the they were misleading in their notice I would not be liable for more than £250.00?

2- I recently had a hearing with the freeholders at central London county court which I could not appear due to illness. I received the order and the cost I was ordered to pay was indicated £15.00 although I think it was decided £15000.00. What happens now? do I pay this £15.00 or will the freeholders write to correct it. Although I am filling application to set it aside.

Expert:  Ash replied 3 years ago.
1) If they are wanting to go ahead and do the works, you need to stop them which is why you can get an injunction
2) You need to ask the court to clarify the order. You don't need to pay until the order is clarified.
Alex
Customer: replied 3 years ago.

I have no intention of clarifying the order as why should I want to tell the court it was 15000 not 15. I should wait for them to ask the court to do that.

MY question is if I paid the £15.00 will I still be able to apply to reinstate the case or set aide the order

and how long do I have before I can apply for that?

Expert:  Ash replied 3 years ago.
Yes, you have 6 years to apply.
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


If the judge or the court administrator have made a mistake in the amount awarded cost to the other party in their Order sent t me, How long the other party has to write to court to ask them to clarify the issue? thank you

Expert:  Ash replied 3 years ago.
6 years.

Alex
Customer: replied 3 years ago.

Thank you. There are no rating icons to rate you.

Expert:  Ash replied 3 years ago.
No need to do so, you have done previously - thanks!

Alex
Customer: replied 2 years ago.

Hello Alex


in our lease the window frames is demised premises and the responsibility of repairs lies with lessee. Landlord are doing the external decoration that part of it is painting the exterior part of frames. so we have to repair the damaged frames as they are old and some part of them needs timber replacement. They have given us the choice to replace them, however they say the replacement is considered alteration which is not allowed in our lease and we have to apply for licence which cost us another £800.00.


what does the areas I have bolded below means in the context?


 


condition of the demised premises and all defects decays and wants of reparation found in breach of the lessee’s covenants agreements and provisions in this lease contained to give notice in writing to the lessee who shall with all proper despatch (and in any case within three months after service of such notice) well and sufficiently repair and amend the demised premises accordingly PROVIDED ALWAYS that in case of any default in the performance by the lessee of the foregoing covenant and if the same be not in fact remedied within a reasonable time (but in any event within three months) after such notice or in the case of any notice of works coming within Clause 3 of this Schedule within the time specified in such notice it shall be lawful for the Lessors ( but without prejudice to any other right or remedy) to enter upon the demised premises (at any time or times)and repair or put in order the same of carry out any such works at the expense of the lessee as may then be necessary to render the demised premises in accordance with the covenants agreements and provisions of this lease.


 


Thank you


 

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