Remortgage of leasehold flat - declaring resolved dispute with landlord

togarama

Just working slowly through the remortgage questionnaire for a new lender this morning. It asks for details of unresolved disputes with the landlord of the property. If a dispute is legally resolved but there's a chance of the landlord appealing, should I mention this?

All ground rent payments and service charge payments for the years I've owned the flat are up to date.

When we first moved in to our building a few years ago there was an action to form a Right to Manage company and replace the dodgy managing agent (who appeared to be closely connected to the landlord). We joined this, it all went ahead successfully despite various attempts by the landlord to block it and we ended up appointing a competent local agent who everyone is happy with.

After this, the old managing agent issued retrospective demands for alleged shortfalls in service charge from previous years without backing documentation or providing the new managing agent with full accounts. (I think the matter of accounts has now been referred to an LTV on behalf of the RTM company to force the old managing company to hand them over.) The majority of leaseholders refused to pay, we hired lawyers to represent all of us, and the issue went to court. The judge found against the landlord earlier this year which is why I think this is resolved.

However, in our time here the landlord has been through several sets of lawyers, briefly hired debt collection agencies, attempted to block the original RTM, attempted to sell bits of the building without the knowledge of leaseholders etc.. I have a feeling that they could still appeal or do something else to mess us around.

So, would it be wise to mention this on the remortgage form?

DVardysShadow

Unless you have any reason beyond suspicion to think that the LL will appeal, you should regard the matter as resolved.

However, in your position, I would be thinking about declaring the dispute and the fact that it is resolved - letting the buyer make their own assessment unaided about the prospect of an appeal

togarama

Thanks. I'm sure it's resolved but thinking about it this afternoon I thought I might mention it in the "any other info" box and attach the letter from our lawyers saying that the case had been struck out by the judge, just to be on the safe side.

NB It's a remortgage rather than sale (my first post was a bit of a ramble...) so more about letting the bank make up their own mind rather than a buyer.