How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 11246
Experience:  Senior Associate Solicitor
97337639
Type Your Property Law Question Here...
JimLawyer is online now

I'm a leaseholder on a property the freholder is clarion

This answer was rated:

Hi I'm a leaseholder on a property the freholder is clarion homes they have issued me a bill for 18000 pounds for work to our block yet despite repeated requests have not provided a breakdown of this bill or provided proof of any receipts from the builder they are now threatening me with a ccj/legal proceedings what are my rights in regard to this bill and if I pay it am I accepting they are right leaving me no legal recourse thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No we have been awaiting them offering a payment plan as originally they said they would
JA: Where is the home located?
Customer: Dorking Surrey
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so

Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.

The freeholder needs to give you a breakdown, no question about it. As a potential claimant in a civil case, the court would fully expect them to try to avoid proceedings if possible, and that means to engage with you, to give you the details to settle the dispute. If they go on to issue proceedings, you will need to defend the claim and put them to proof of their claim - which is easy to do as the court sends you the paperwork to complete, which is mostly a tick box exercise in a small claim. You might want to revert to the claimant and remind them of their obligations to avoid proceedings, under the "pre-action protocol". Not only that, you can threaten them with an application to the First Tier (Property) Tribunal, which costs £100 and recoverable from them if your application succeeds - to challenge their conduct and even to ask the tribunal for an order the management is taken over by the leaseholders or changed to another management company. The tribunal application details can be found here: https://www.gov.uk/housing-tribunals

If they do go on to issue a small claim, and you need further help then please come back to this site and I will provide the assistance you need. You could choose to pay the bill and then issue an application in the property tribunal to challenge the legality of the freeholder's conduct. It sounds like they are fairly intent on issuing court proceedings despite not giving any breakdown, so you should still defend the claim in my view.

I hope this helps - please feel free to ask me anything else.

Have a good day,
Jim

JimLawyer and 2 other Property Law Specialists are ready to help you