Dear Leaseholder,
Following your response to the letter and attachments received from our solicitor we are
pleased to provide a brief description to try and explain the contents in “non-legal”
terms.
As you are no doubt aware, a multiple leaseholder has not paid service charges under
his leases, and disputes the management fees. This has been an ongoing situation for
some time and the company has sought legal advice as to the best way of resolving the
situation. The advice was that we need to apply to the appropriate legal Tribunal for
judgement in order for the company to recover the unpaid service charges and interest
on it.
This application has now been made in three parts ((1) Management contract
dispensation from consultation, (2) Service Charge arrears determination, and (3)
Interest Charges on unpaid service charges), with a view to recovering the whole
amount of the service charge debt including the management fees. The application has
been accepted by the Tribunal and a date set for the hearing for the Service Charges
and Interest Charges Application; the Tribunal has issued a number of orders to both
parties in the form of directions which they must comply with.
The letter you have received is as a result of one of these directions relating to the first
application, seeking dispensation from consultation requirements for the management
contract. This is a procedural order which requires all leaseholders to be contacted with
the documents relating to this particular application.
A Form for Respondents is included in the documents but this only needs to be returned
if you wish to object to this particular application.
We do understand your concerns at having received such a complicated document and
the difficulty in trying to make sense of it. We have issued this reply in an attempt to
simplify the document for you. The litigation process will continue on all three
applications. You do not need to acknowledge or complete the form or do anything for
this to happen.
Yours faithfully,
On behalf of Scotney Gardens RTM Management Company Ltd.