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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4678
Experience:  Solicitor
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This is a explanation of my problem which I think will have

Customer Question

This is a long explanation of my problem which I think will have a simple answer from anyone with legal knowledge!
I could not extend a the lease on a property of which I am the Freeholder (from 1994) as the Title Register shows my name as French, a name that I am also known by, and not Powell which is my real name and the one with all the recognisable documents for Identity. The extension was requested n August 2016.
I have almost completed the Change of name process (the Register should be changed next Thursday 27th April) after considerable problems in proving I am one and the same person in both names. I should be in a position to complete the name change very soon afterwards. This of course will mean that I can then grant the extension..
Although I responded to the Leaseholder (a business firm) and explained the reasons why I could not complete the necessary forms to extend the Lease and assured them that I would do so as soon as I was able, I did not provide a "counter notice in the correct form" ( but the letter did contain all the necessary information required.)
Consequently I had to attend a hearing last week and was told to bear the costs.
As I only received notice of the Hearing on the Saturday morning (8th April) and the Hearing was on Monday 10th I was not prepared at all for this.
I need to know how I should pay the costs, as I expect there maybe a time limit, but I
was not told any of this. Will they have to contact me first?
Also I would like to know if there is any way that I can appeal against both having the Hearing and having to pay the subsequent costs.
The Leaseholders have not paid the last two instalments of their ground rent (29th September and 25th March) and they have not paid anything towards repairs to the property, provision of lighting to communal area, the sinking fund at minimum of £100 per annum, or more, nor any other expenses in the 20 odd years that they have been Leaseholders.
I am 80 yrs old and struggling to handle all this. Can you help?
Submitted: 5 months ago.
Category: Property Law
Expert:  Nicola-mod replied 5 months 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 5 months ago.
Maybe you could amend the question to just the part requiring information about an appeal based on the leaseholders not having paid any of the bills required by the lease? I underztand that if the leasholder owes money then they should not vave been able to apply for the hearing. So I am hoping that I might be able toto recover the costs of the hearing .
Cannot access the my account on just ask
Expert:  Nicola-mod replied 5 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, you did not know of the hearing, or you attended and thats when costs were awarded?

Customer: replied 5 months ago.
I received notice about Hearing on Saturday 8th. I attended Hearing on Monday 10th. I was actually expecting mediation after competing a directive- N180? so no time to contact solicitor etc
Expert:  Jamie-Law replied 5 months ago.

You have 14 days to pay the costs unless otherwise ordered.

You pay them by cheque, cash or bank transfer direct to the Solicitors.

Usually they would contact you.

You can appeal the order but this has to be done within 21 days.

You need to complete form N161:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n161-eng.pdf

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
I have received nothing on regard to how and when to pay casts. What happens if I cat do it in 4 days?
Expert:  Jamie-Law replied 5 months ago.

You can pay early no problem. You will get a Court order confirming the order made.

If you dont pay within 14 days they can take steps to enforce such as send in bailiffs etc.

Does that clarify?

Customer: replied 5 months ago.
I am actually in bed not well at the moment. Can I contact you tomorrow when I might be more lucid please
Expert:  Jamie-Law replied 5 months ago.

Sure. Please remember when you rate the question stays open and you can ask further questions for free.

All the best. If this answers your question could I invite you to rate my answer, 5 stars the happy face before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Customer: replied 5 months ago.
I did update my question to say that knowing if the facts about non payment of bills were sufficient to allow an appeal against costs was the most important so as not answered ☆☆☆
Expert:  Jamie-Law replied 5 months ago.

No that is not sufficient sadly. You have to show the Judge:

1) Was wrong in law;

2) There was an error in Court procedure, or

3) The decision was one which no reasonable Judge could have made.

Does that clarify?

Customer: replied 5 months ago.
Sorry for delay. I was at Doctiors on Friday and in bed since. then.
I meant could I appeal against the leaseholders taking me to court because they still owe me money stipulated in
Lease?
Could not find place to do rating , could not actually log in to site .
Customer: replied 5 months ago.
Have actually logged in now but still cant find entry for rating
Expert:  Jamie-Law replied 5 months ago.

Yes that could be a ground for appeal.

Scroll down and you should see stars or happy face!
Does that clarify?