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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A leasholder vs freeholder on section 20, England, I am

Customer Question

a leasholder vs freeholder on section 20
JA: Where is this? It matters because laws vary by location.
Customer: England
JA: What steps have been taken so far?
Customer: I am already in final stages of first tier tribunal, I have few points I would like to discuss with someone who understands the section 20 process
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They have to have experience with disputing section 20 against freeholders
Submitted: 16 days ago.
Category: Property Law
Customer: replied 16 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 16 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 16 days ago.
I am looking to dispute section 20 process on replacing the roof of the building based on 2 arguments: the first is that the repair is not needed and the second is that it was a defective process. I mainly want to focus on the second argument since the freeholder (the council) gave us 4 less days in the first consultation and 6 days in the second one.
Regarding the need to repair. they ran an inspection following the second consultation period, and the response was in favor to the leasholders. they then secretly did another inspection after they already started the works on other buildings. bith inspections were external and used the same methods and we want to take the second inspection of the documents that are used by the tribunal (both sides are supposed to agree on what documents can be on file)
Expert:  Virtual-mod replied 15 days 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!
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Thank you for the concise narrative. How may I assist in relation to the above?

Expert:  Joshua replied 15 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if the landlord has failed to comply with the section 20 consultation requirements, then they may be limited to a maximum of £250 a claim against each individual leaseholder of what you describe, I do not think that they have necessarily failed to satisfy the procedure but rather that you have concerns or disputes in relation to certain elements of that procedure

You are able to bring an application to the first tier property tribunal to dispute the reasonableness of any sums they seek to charge as service charge. This can principally either be on the grounds that the charges are disproportionate to the market cost or that they do not constitute a matter which is recoverable under the terms of the lease - for example, you refer to some of the works potentially constituting improvements as opposed to maintenance. generally, maintenance is provided for under the terms of the lease where as improvement at least, in and of itself is not

I hope the above is of some assistance but if you have any further questions, please revert to me