Letter Before Claim - SCS Law & UKPC - Please Advise

Fruitcake

You should take at least the relevant parts off your lease/AST if not the whole thing to show it has primacy of contract, and should refer to it in your WS or supplementary WS. Point out that the scammers would have had their own copy, or have had access to a copy, before they set up a parking scheme to ensure they did not interfere with the existing rights of residents. It is unconscionable to believe any company would set up a contract that would take away residents' existing rights to quiet enjoyment without first making such basic checks beforehand to ensure such changes are lawful.

Also mention that any change to an existing lease/AST must be carried out following a ballot of all residents in accordance with the Landlord and Tenant Act before such changes can lawfully be implemented. Taking away a resident's existing right to park or load/unload is a derogation of grant, and must not be carried out without complying with this Act.

Quote the part of the L & T Act where it says how many residents must agree without exceeding the maximum numbers of dissenters.

CVKTA

Quote the part of the L & T Act where it says how many residents must agree without exceeding the maximum numbers of dissenters.

I've spent over an hour goign through L&T act, any ideas of exactly where it lies in the wording?!

D_P_Dance

Unless Mr Dundee can answer, try asking here

https://forums.landlordzone.co.uk/

Fruitcake

Yer Tiz. Part IV, Section 37 is the section relating to ballots, but you need to read other sections where the word "reasonable" is used. Taking away a resident's existing unfettered right to park and quiet enjoyment is unreasonable and detrimental to the resident.

"Landlord and Tenant Act 1987, Part IV is up to date with all changes known to be in force on or before 24 June 2020."

https://www.legislation.gov.uk/ukpga/1987/31/contents

https://www.legislation.gov.uk/ukpga/1987/31/part/IV

"37 Application by majority of parties for variation of leases.

(5) Any such application shall only be made if—

(a) in a case where the application is in respect of less than nine leases, all, or all but one, of the parties concerned consent to it; or

(b) in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent. of the total number of the parties concerned and at least 75 per cent. of that number consent to it."

CVKTA

Thanks Fruitcake!!
All sorted now. Will be emailing off very shortly.
Court date now awaits...

CVKTA

Hi all, update: hearing date received of 7th September.
See attached photos for correspondance rec'd

Coupon-mad

As expected.  Read the telephone hearings thread and lots of examples of witness statements during July until it's second  nature, so you have a fair idea exactly what you want to submit in August.

CVKTA

Will do thanks CM. Is it possible that they won’t pay the £80 and won’t follow through?! Also, shall I submit my costs before that date in case that were to happen?

beamerguy

CVKTA said:

Will do thanks CM. Is it possible that they won’t pay the £80 and won’t follow through?! Also, shall I submit my costs before that date in case that were to happen?

Well they know that at the very least 5 x £60 will be knocked off, and even their claim being struck out for abuse of process.  If they want to throw money on that basis, you still have the letter you sent which you will show the judge on the day ....... and it is Warwick court after all 

CVKTA

Well they know that at the very least 5 x £60 will be knocked off, and even their claim being struck out for abuse of process.  If they want to throw money on that basis, you still have the letter you sent which you will show the judge on the day ....... and it is Warwick court after all 

Thanks very much, keen for this to be over now with a positive outcome!