Replace the Leasehold Valuation Tribunal (LVT) and Forfeiture
Suggested by sarah and tagged home ownership, housing, leasehold, leasehold valuation tribunal. 10 Comments.
The big idea
I posted elsewhere on this web about my personal experience of property managers sending false accounts, refusing to produce accounts compliant with s21 Landlord & Tenant Act 1985 (prosecuting body local councils have only a discretion to intervene) and disregarding County Court Orders regarding repairs and accounts with total impunity. If you look at the website for CARL and for SELCHA – two grass roots organisations of victims of rogue property managers/freeholders you will see that there is a massive problem in the South East and probably throughout UK with freeholders and their agents sending false accounts (police wont prosecute) and misappropriating service charge funds and pocketting the difference between actual expenditure and stated expenditure (sometimes 1000% – one thousand percent - markup). In 1985 Parliament passed legislation to help the flat-owners, presumably acknowledging problems accessing county court for breach of covenant it gave local authorities powers. Parliament also acknowledged the problem when creating the LVT, Leasehold Valuation Tribunal which has the power to remove a rogue property manager and to check the service charges. Sadly the LVT has earned itself a reputation for being corrupt, and I can happily give details of evidence of this should you like. CARL and SELCHA may also display details on their websites. They suggest the LVT be replaced by a housing ombudsman. I dont know how much the LVT costs the taxpayer, how much its adjudicators cost, but they should return the money because the are not discharging their duties and constistently disregarding Article 8. As they are a 'poor man's court' they know few can mount a Judicial Review or appeal to the Lands Tribunal. The LVT is taking taxpayers money and not discharging its duties as set out in the Human Rights Act (I can give full details if asked).
The problem seems to arise from the principle of Forfeiture which arises from The Law of Property Act 1925 (I think it may be section 146). Forfeiture is almost uniquely English it is not known in Europe or in most other countries. Forfeiture is where a freeholder/landlord can take someone's flat (home) from them without paying them a penny in compensation. Most people who purchase their flats obtain a mortgage and pay it off over 25 years, making sacrificest o own their own home. If the have paid £120,000 for their flat and they do not pay their £5 ground rent (or their freeholder denies receiving it) the freeholder can then simply change the locks and take this person's home for themselves, and not have to pay a penny. He can then sell it for £120,000 and not pay the homeowner a penny. This gives an incentive to villans to become freeholders/property managers and target people in their homes with false accounts, threatening forfeiture if they are not paid within 7days. Sometimes the freeholders come across someone like me who queries their accounts but usually people pay up or get out quickly before they cannot leave.
If s146 Law of Property Act 1925 was repealed, then it would bring us in line with most other countries, and it would not make it so easy and lucrative for freeholders to send false accounts.
If the LVT was replaced with a bona fide institution that would save the taxpayer loads of money and help homeowners as at the moment rogue freeholders boast about how bias the LVT is and how it is pointless going there as it will only cost the homeowner money and they wont get a fair hearing, so they may as well pay the false accounts as its cheaper.
Please help – pleae look at CARL's website and that of SELCHA.
Why does this matter?
Because it affects some people's homes, which they have purchased on a mortgage and paid for over years as it is so imporant for them to have a safe home. Parliament acknowledged the importance of peoples homes when it passed the Protection From Eviction Act 1977 (harassment), Landlord and Tenant Acts (various), LRUDA 1993, CLARA 2002 etc and the most recent Housing Act I think may actually acknowledge emotional and mental health as relevant not just physical health (eg damp). An Englishman's home is his castle, and people need to go home to recharge their batteries eg for another day at work! Article 8 (check Lee v Leeds City Council – House of Lords 2002) applies too. Successive elected Parliaments and members of the independent Judiciary all seem to verify the importance of one's home and quiet peacful enjoyment of it.
The council and police say to use the county court. The Judges act with integrity at Hastings County Court (not universally througout UK I fear though) but their hands are tied by etiquitte when crooked solicitors, funded by Professional Indemnity Insurance, defend rogue landlords – which may explain why Parliament tried to involve the local council and then set up LVT. The county court is not equipped to deal with what is basic criminality it is only civil.
The LVT is taking the Mickey. It is consistently not discharging its duties including under Human Rights Act which states that a Tribunal must comply with Article 6 (ie UK law). I can give full examples (eg s1, s21 LTA; LPA (MP) Act 1989; most-established common law principles law etc). The LVT takes the mickey with impunity because those who approach it cannot appeal to Lands Tribunal nor have a Judicial Review for financial reasons.
Even those who have money or legal aid cannot necessarily access a competent solicitor. Even the good solicitors are businessmen not here to provide a social service.
Article 8 gives a Right. There is a corresponding duty on the State to uphold it. There is no forum to uphold Article 8 for Leaeholders. This is not through lack of trying by successive elected parliaments but because the public sector is unaccountable and the LVT is part of it and takes advantage of this unaccountability to make-work for itself and perpetuate its pensions.
help us -
I have some additional info for you which will greatly assist all those taking on bent Freeholders. There is the Fraud Act of 2006, as well as the 2 main areas of Estoppel. I’m quite ofait with Common Law – it’s there so use it. I found CARL utterly useless as they coudn’t answer any Q’s. Why pay to join a site where ther’s no help. Also has Joinder been established? No contract = no case to answer. Letters of compalint need to be sent to the: FSA, OFT, DPA, Co’s Hse, it means a lot of writing, but you’re bringing in other bodies which can’t just turn a blind eye. Also RICS, ARMA, media… I’d like to discuss further withyou as to determining further common ground.
hey – great idea
Trafalgar Court Mundesley , the LVT have been involved 11 years see the Youtube video!!
http://youtu.be/vNfUBcQBpZA
Yes I agree with what said above as our Freeholder involvement with 8 other LVT
disputes at other buildings,has many fraud investigations!Yet the LVT put him back
in control over 2 years ago!
In Gosport there is much talk about the Rowner
Regeneration, but you again will see the Leasehold Valuation Tribunal were involved for 7 years and now it’s all going to be knocked down!
After ten years of hell in a flat I wish I had not seen or purchased I now know for certain and have proof that the LVT is Corrupt and caters to the Land/Property owners.
How can the LVT given permission for a Freeholder to have £500 for Service Charges granted for doing nothing?
How can the LVT ignore false/fraudulent invoices issued to a Leaseholder and find in the Management Companies favour despite evidence of breaches of lease and invalid insurance? They are not fit for purpose and need to be investigated
From what I have been reading on the Carlex website plus
http://www.thetruthaboutsolitaire.co.uk/2011/11/10/the-mps-fully-aware-of-our-plight/
You will see the total anger by leaseholders!
I would like that, we will jointly create an organisation, whereby,we will prove that the LVT is openly, working together,with most property, managers.It is a formidible big business. Since over 1 million leaseholders are in the uk.each prooperty managers, manage , several ,or large amount of estates. The agent can charge, any amont of , service charges,they want, and the LVT officer or officers, share the b
blackmailed money,they know it well, this is a sure income, no one can catch them,I can provide you with a case what hasppened to me, please contact me, what you never would beleive. the agent name is Jim Thorton , who workes together with a woman called, Jilian pckering a former bordello owner in the west end of London , the agency name is Hurford salvi carr in hurfiordshire, a very dangerous criminal, once you loose at the lvt, they can go to the county court , and take away your property. If we work together, the more people , the better it is, we can apply to the european court of justice , whereby the uk is a member, and a signatory, as a group, the cost will be little, and we will win , th uk governent would be forced to liqudate this, criminal, organisation , what is a shamfull, creation was in the first place, and will be forced to pay, compensation to all the victims
The LVT did not just make an incorrect decision on something that was not part of my application in 2005 they then made an equally complicit decision in 2011. Both decisions favouring my Rogue freeholders and their agents. I was able to appeal on the second decision and was sucessful at the Upper Tribunal where the Judge quoted the Law and upheld my rights regarding insurance.
The comment made in March 2013 is correct – the aim is to use the LVT Decision to go to County Court (where they evidentially have friends) and then to have costs and charges placed against you – next step – take your property. The Leasehold system in the UK is an open invitation for dodgy people to rip off people.
Although there must be honest decent Landlords and Agents out there.
I am willing to join in with you to ECHR. How can We all unite?
Just been through an LVT. I already suspected our managing agents were crooks working for a crooked landlord. Prosecutions galore on site and they still sit pretty, charging an absolute fortune, turning our site into a tip, threatening all and sundry. We eventually got to the LVT, never seen anything like it. Theyre corrupt, end of. Fed up with crooks who have taken over our society.