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‘Legal torture’ pensioners settle for £68,500 … but two of the original leasehold applicants have since died

August 24, 2012 by

The landlords’ lawyers repeatedly delayed the LVT case of the leasehold pensioners at Oakland Court, which was criticised as “legal torture” in the Commons by Sir Peter Bottomley

Leasehold residents at the Oakland Court retirement development in Worthing today accepted a £68,500 settlement of their dispute with their landlord over the notional rent of the house warden’s flat.

Sadly, two of the original applicants have died and three have moved to full-time nursing care since the application to the LVT was made in April 2011.

The £68,500 amount equates to one-half of the £137,000 referred to in the decision of the Leasehold Valuation Tribunal in May, which was the total payment for the warden’s flat dating back to the Eighties.

The payment has been made by the landlords, the Oakland Pension Fund, whose lawyers’ stratagems to delay the case were described as “legal torture” by local MP Sir Peter Bottomley in the House of Commons.

The landlord employed as solicitors Laceys, of Bournemouth, who descibe themselves as “honorary solicitors” of ARMA, and barrister Justin Bates.

The £68,500 amounts to almost 12 years’ notional rent in respect of the warden’s flat for which leaseholders were confident of obtaining judgement had they had to go to court to enforce the LVT’s decision.

The residents’ association says the settlement of £68,500 is best viewed as representing more than full repayment of all sums erroneously charged to present leaseholders and has 100 per cent  support among them.

One of the alternatives to settling would have been to go the county court for the full £137,000, much of which would have been paid by former residents who have been dead for many years.

Full details of this case and the political fallout from it can be found on this site by searching ‘Oakland Court’

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Leaseholders’ meeting in Worthing this evening (July 25)

July 23, 2012 by

John Fenwick and Sebastian O’Kelly

John Fenwick, who won the £137,000 LVT action at Oakland Court in Worthing, and Sebastian O’Kelly, director of Leasehold Knowledge Partnership, are to address an open meeting for leaseholders on July 25.

The event takes place at 6.15 on Wednesday evening at the Chatsworth Hotel and all are welcome.

Fenwick, 65, will tell how he managed to mobilise the other residents and successfully fight his landlord over £137,000 paid in notional rent for the house manager’s flat.

The dispute, which is shortly to be settled, was a fantastic and inspiring Leasehold Valuation Tribunal case for all leaseholders.

Sir Peter Bottomley, the local MP criticised the “legal torture” the pensioners faced at the hands of lawyers who had used every stratagem to prevent the case being heard. He said of Fenwick that he deserves a “community medal”.

Sebastian O’Kelly says: “The Oakland Court case shows what can be achieved by residents, many in their eighties and some in their nineties, if they co-operate and fight back.

“It was marvelous that this result was followed by the £11,500 victory at Strand Court, in Rye, where Eric Matthews, aged 94, a former wartime squadron leader with fighter command, and Archie White, 87, made a stand.

“I think the tectonic plates are shifting. Grant Shapps is set against regulation of managing agents, but there will be reforms of the Leasehold Valuation Tribunals. The Justice Secretary Ken Clarke has taken an interest in this dysfunctional area of his ministry, Shapps, too, has hinted at reform and the Ministry of Justice is undertaking consultations to reform the LVT process.
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Free leaseholders’ conference in Worthing on July 25

July 4, 2012 by

John Fenwick, who led the residents at Oakland Court

John Fenwick, who won the £137,000 LVT action at Oakland Court in Worthing, is to address a free conference for leaseholders in the town on July 25.

He is to be joined by Sebastian O’Kelly, director of the Leasehold Knowledge Partnership, who is also chairman of the Campaign Against Retirement Leasehold Exploitation (Carlex).

Fenwick, 65, will discuss how he managed to mobilise the other residents and fight this action against his landlord, the Oakland Pension Fund, which concerned the notional rent paid for the house-manager’s flat going back to 1986. Full reports on this and the other cases mentioned can be found on this website.

“It is a fantastic victory,” said Fenwick, a former law firm employee. “Eight of our members are in their 90s, 13 in their eighties, 12 in their seventies and six in their sixties.”

Three times the landlord’s legal team appealed against the Leasehold Valuation Tribunal’s decision even to hear the case, a procedure impossible in civil courts.

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Filed Under: Carlex, News Tagged With: , ,

Stop this ‘legal torture’ of pensioners, says MP

June 4, 2012 by

Sir Peter Bottomley denounces LVT stratagems in post on LKP

Sir Peter Bottomley attacks “relentless money-grabbing opponent”

A senior Tory MP has posted on LKP today to express his utter disgust at the delaying tactics used by the freeholder  – whose lawyers included Laceys, who proclaim themselves the “honorary solicitors” of ARMA – at the Oakland Court LVT earlier this month.

Sir Peter Bottomley, MP for Worthing West, claimed that this amounted to “legal torture” and he condemned the entire LVT process, referring to “the series of actions and expensive stratagems faced by elderly frail constituents without the financial resources to play unending tribunal games with a relentless money grabbing opponent”.

The £137,000 action [see below] was won by the 40 pensioners, but two of the original applicants died and three went into care before the LVT was heard.

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Pensioners in £137,000 victory

May 17, 2012 by

Leasehold residents wrongly charged for warden’s flat … dating back to 1986!

Landmark victory at Oakland Court, in Worthing, means notional rent for a warden’s flat cannot be paid out of service charges

 

In a landmark case, 40 elderly leaseholders have won an epic battle against paying for the notional rent of their warden’s flat through the service charge.

Since 1986 this has cost the residents in Worthing, Sussex, £137.000.

The battle was fought in the face of repeated delaying tactics by their landlord, the Oakland Pension Fund, which challenged whether the Leasehold Valuation Tribunal should hear the case.

This form of delay is difficult in the civil courts, which is where this case is now headed unless the leaseholders get their money back.

But they are permitted with LVTs, which were set up to provide supposedly low-cost, simple tribunals to resolve leasehold disputes.

John Fenwick, who led the residents

“It is a fantastic victory,” said John Fenwick, 65, a former law firm employee who led the action. “Eight of our members are in their 90s, 13 in their eighties, 12 in their seventies and six in their sixties.”

The case has huge implications for other leaseholders who are being charged for the notional rent of their house manager’s flat, even though this is not mentioned in the lease.

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