JB Leitch - court hearing on Monday 8th, please help!

FionnMac

Hi,


So admittedly this is VERY last minute, and I do realise there are several other threads regarding JB Leitch and their ground rent 'scams' - but I thought I'd start a new thread as my situation has gone quite far and I've not dealt with it properly...wondering if anyone can offer anyn advice!


So this is regarding a property that I own but do not live in. A few weeks ago a tenant told me to come and collect an important looking letter, from Manchester Crown Court. Hearing on 8th of July and a claim for repossession for not paying 3 years of ground rent.


Not obviously this is the first I'd heard about it and clearly my tenant had just been chucking all previous correspondance in the bin or something (cheers mate)


I called them a couple weeks ago and asked them to email me a breakdown of the costs they are claiming, they said they would but I've received nothing. The amount then was around £3000 including £750 ground rent, but I suspect they will say it has gone up now if I called them again. I have tried calling them a couple other times but they often don't answer. I've also been on holiday and stuff so haven't been able to deal with this as much as I clearly should have!


**Edit - just searched them in my emails now, and I had some correspondance with them back in early 2017. It starts with a 'further to our telephone call...' and details a claim for 600-ish. I respond with the 'Notice of Assignment' document from my conveyancing solicitor, which includes my residential address (as well as the address of the property in question) I don't even remember this correspondance to be honest, but clearly I am arguing that I shouldn't pay any fees because they nor the freeholder didn't send correspondance to my residential address...this has clearly continued to be the case with this more recent court hearing thing.


HELP! Should I be prepared to go to court on Monday to fight this, armed with print outs of my previous correspondance with them and my lease etc? What is worst case scenario now?


Cheers,
Fionn

sal_III

Seek qualified legal advice for such important issue and impending court hearing!!!

Nothing wrong with posting on the forums as well as an additional source of information, but don't rely solely on this.

FionnMac

sal_III wrote: »

Seek qualified legal advice for such important issue and impending court hearing!!!

Nothing wrong with posting on the forums as well as an additional source of information, but don't rely solely on this.

Thanks...I know this is good advice, but there are is one working day before the case so not really possible! I did try to get some pro-bono advice from almost qualified law students which I've done before and has worked great, but wasn't possible this time

G_M

If you can't get legal advice in time, then


* yes, you must attend court
* get a sheet of paper and list in brief bullet points, ALL the relevant defences eg
- asked them to email me a breakdown of the costs they are claiming, they said they would but I've received nothing.
- I respond with the 'Notice of Assignment' document from my conveyancing solicitor, which includes my residential address


etc


Do not use 'holiday' etc as a defense.


* Make several copies of all correspondance with you so you can give to the court, plaintif etc
* ask for an adjournmemt if you can so you can get legal advice
* offer to pay the outstanding amount (do you have a spare £3K?). Better than a repossession!!!!

eddddy

So you've received a demand for £750 ground rent and £2,250 in administration fees.

LEASE (https://www.lease-advice.org/) generally advise leaseholders to pay under protest, and then challenge the demand at a tribunal (but it's important that you tell the freeholder that you're paying under protest).

One of the reasons they recommend this is to avoid the Risk of forfeiture / termination of lease (as you've found).

See LEASE's flow chart here (it would apply to admin fees as well as service charges) : https://www.lease-advice.org/files/2016/09/service-charge-dispute-resolution-flowchart2.pdf


So maybe tell the freeholder's solicitor that you've decided to pay under protest (and pay), and see if they'll discontinue the forfeiture action. Then apply to the tribunal.

TBH, I'm not sure if you still have to turn up in court to say you've paid... just in case the message doesn't reach them.


Edit to add...

But I'm not a lawyer, so you may want to take legal advice as well...

BrownTrout

If the hearing is on 8th then you are far to late to enter any defence what so ever.
If its a Part 8 hearing then even thought you can attend , nothing you say will be taken into consideration,

You can raise anything new that you have not put in a witness statement/defence

eddddy

I just came across this...

if the annual ground rent payable by the tenant is more than £1000 for a property in Greater London or more than £250 for a property outside Greater London...

... it only takes the Tenant to be in 2 months’ arrears of ground rent and the Landlord can serve notice under section 8 HA and issue proceedings and, if the Tenant fails to pay the ground rent arrears before the Court Hearing date, the Court must make a possession order in favour of the Landlord who then gains a valuable long leasehold property...

Link: https://www.ogrstockdenton.com/nasty-ground-rent-stings-long-leases/

So it sounds like it's really important that you pay (under protest) before the hearing.

anselld

eddddy wrote: »

I just came across this...



So it sounds like it's really important that you pay (under protest) before the hearing.

Still good advice, however it sounds like the rent equals £250 but does not exceed it so it would not fall within the provisions of assured tenancy which that statement refers to.

FionnMac

BrownTrout wrote: »

If the hearing is on 8th then you are far to late to enter any defence what so ever.
If its a Part 8 hearing then even thought you can attend , nothing you say will be taken into consideration,

You can raise anything new that you have not put in a witness statement/defence

Thanks for your reply, but can you clarify this for me please?


How do I know if it's a Part 8 hearing? It simply says it's a hearing at County Court Mancheter


And then you say I can still raise anything new that I've not put in witness statement (I haven't provided anything!)

LilElvis

Why didn't you contact a solicitor yesterday or today - or in the several weeks since you were made aware of the court date? You really don't appear to be taking this very seriously.

chris_aaaaa

Not changing the get advice stuff above.

But here are some things to google, if fh acknowledges the tenancy it should prevent action for breach. Did you pay service charges? These guys explain a lovely circular example of this. https://www.debenhamsottaway.co.uk/news/2018/02/forfeiture-residential-lease-non-payment-ground-rent/

Maybe you can gain time by asking for txfr to first tier tribunal?

Good luck.