LPE1 Forn vs Lease

davidmcn

Mikefaulkner said:

I see.   So, what you are saying, is that the lease is the superior document which over rides anything which comes after it?   Unless, of course, another lease is agreed.

Or a variation of the lease. The LPE1 is just the form for answers to enquiries about the position at the time of the sale, so what they said on it means no more than "this is the current situation with the leaseholder's account". It's not a contract between the freeholder and the previous leaseholder, or you.

So if, lets say, the Management Company had historically charged for car parking in the enclosed area outside, which was accounted for in the LPE1 form, but wasn't in the lease, would the leaseholders have recourse to claim back all monies paid? 

Does the lease say they have the right to park for free? If the whole arrangement is something ancillary to the lease then it's not really relevant.

Mikefaulkner

Ok, fully understand.  On the car parking it says 'Car parking is included, but only for a limited amount of vehicles'. that limit has never been reached (it can take 6 cars, only 3 cars use it)

I do appreciate your patience, I'm not used to dealing with things like this.

greatcrested

Mikefaulkner said:

Ok, fully understand.  On the car parking it says 'Car parking is included, but only for a limited amount of vehicles'. that limit has never been reached (it can take 6 cars, only 3 cars use it)

I do appreciate your patience, I'm not used to dealing with things like this.

By 'it says' you mean the LPE1 says, yes? Again, that means that at present there is car parking, but unless the lease, or some other contractual agreement, mentions car parking it could be withdrawn.

If a charge has been made for car parking without there being any grounds for such a charge (lease or alternate contract) then yes, a claim could be made for repayment.

But it may be that when the charge was first made there was a conversation, or exchange of emails or similar, agreeing for example "We'll let you have exclusive use of those spots if you pay us X£ pa" which could constitute a contract.

davidmcn

Mikefaulkner said:

On the car parking it says 'Car parking is included, but only for a limited amount of vehicles'.

I don't think that's the lease you're quoting from.

Mikefaulkner

No, the lease.

greatcrested said:

But it may be that when the charge was first made there was a conversation, or exchange of emails or similar, agreeing for example "We'll let you have exclusive use of those spots if you pay us X£ pa" which could constitute a contract.

It does say this in the lease, and the people concerned are paying an annual charge for car parking. There are no designated parking places, just a secure area to the rear of the property for which the maintanance is paid out of our Service Charge. On the point above, does the exchange of emails I have included above not constitute a contract regarding paying Service Charge in arrears?

I spoke to the Leaseholders Advice Line yesterday and they have confirmed the information given here although they have a concern that there is conflicting information given in the LPE1, solicitors exchanges and also the suplimental licence which states that 'all monies are recoverable in arrears'

Again, many thanks for all the input.