Failure to give Section 20 Notice

Camden Leaseholders’ Forum homepage Discussion Board Service Charges Failure to give Section 20 Notice

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  • #4112
    clareb
    Participant

      The Council failed to give me section 20 several years ago. I do not live at the property address and although they admit they had my residential address they maintain that posting a section 20 to the property address addressed only to “leaseholders” (which I did not receive) is sufficient notice.

      I want to challenge the Council on this and maintain they can only charge £250. Does anyone know how to go about this? If I refuse to pay the bill under the section 20 notice will I be taken to the Leasehold Tribunal?. Or do I need to initiate the process?

      I still haven’t been billed as they keep cancelling the invoices – they aren’t even sure what they are supposed to be billing. It’s a shambles.

      Any advice appreciated!

      • This topic was modified 7 years, 4 months ago by clareb.
      #4114

      Re. the process – it is for Camden to take you (eventually) to the LVT (now known as “First Tier Tribunal (Property Chamber)”) if you refuse to pay.

      As to the rest, I can’t help much (I don’t know if other readers have experience of this? Do comment if you have!), but Camden have been known to settle out of court and you could ask them to take you to arbitration first, which they were trialling, but I’m not sure how far they got with that. You might even want to suggest it to them when they next send a demand.

      Just a suggestion, but there are now face-to-face meetings with members of the Leaseholder Services’ team just before every Leaseholders’ Forum meeting. The next one is scheduled for Tuesday, 29th November from 5.30pm (our meeting starting at 6.45pm). I’m not sure whether this is within their remit or not, but you might want to email them and see if you could have a meeting to discuss it – it might save a lot of aggro (I’m always the optimist!).

      Booking is essential for these face-to-face meetings. Here’s an excerpt from a recent newsletter with more details:

      Update on the Leaseholder Surgeries: need questions answered?… this may help
      Some people dislike the Contact Camden call centre, and others are confused by paperwork in the post, so surgeries help explain bills and resolve outstanding issues with members of Camden’s Leaseholder Services.

      The sessions have proved very successful and will now be scheduled from 6pm to 7.15pm on the same evening as Leaseholders’ Forum meetings for the foreseeable future. The only significant change is that they are no longer being billed as “drop-in” and you need to book in advance (even if only a day or two prior), so that Leaseholder Services can ensure that enough staff and time are available to answer your queries. Book your appointment via leaseholderservices@camden.gov.uk.

      Best regards,
      Paul Ginsberg
      Leaseholders’ Forum member

      #4118
      Peter Wright
      Participant

        The tribunals are not generally sympathetic to leaseholders who want their bills waived because of ‘technical issues’ on issuing Section 20s. They take the view that is it generally ‘reasonable’ for the landlord to recover ‘reasonable’ costs. Theye are more likely to be sympathetic to argued challenged to elements of the charges you face; you say that ‘they aren’t even sure what they are supposed to be billing’ so argue on that. But, be clear you have no case if you concede the debt, so be careful about accepting some sums and not others.

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