Mrs LHA has said that I may have been a bit harsh in my answers on this and I shouldnt let my frustration with the crappy weather get to me.
It the 1st of July we’re a week past the longest day and its still ugg boots and scarf weather in London ( for the ladies) and the heating comes on at night.
The issues posted come up regularly and I write the sticky to explain owners and FH’s rights and obligations.
Recent questions are identical to those that come up year in year out in private practice and they are @1% of all the issues of payments demanded and received without fuss.
What they have in common with issues 20 or 30 years ago is
A they include a middle of assumptions of confused and baseless quasi rights from the pub and now the internet
B that the owner is in some way special or unique
C that on examination the assumptions have no basis in law and the recollection of events cannot be proven or are not a fair reflection of what happened
Owners must realise that L & T has its own rules and logic which often run counter to common sense, even if you think “that’s how it should be”, and what may be self evident isn’t or has to be presented in this unique context.
For sheer self preservation if a LL or MA is asked to do something it is fatal to leave the onus with them or assume that it is an unassailable defence when the Solicitors letter arrives. Once an owner varies from “pay a bill on receipt by return” which never fails to work, or “on receipt & by return query or challenge it and assert your rights in a documented way” even if the LL is wrong it opens the way to costs and a long exhausting and expensive process of resolution.
So if LL sends a legal bill for late payment and you think there is an agreement to pay late, then make sure
-it is in place,
-it is honoured by you and them, and
-that the documentation backs that agreement up,
- any subsequent changes are also in place, recorded and honoured
so that if the lease allows for fees for late payment you can in the context of the law in the sticky and that exchange of communications, argue that the fee is
-unreasonable where an agreement is clearly recorded allowing it to be paid late and that it has been honoured
-determine its payability as that it is the LL who has failed to honour that agreement or has done something with stops them for taking action
You must understand that things go wrong and some exploit the situation and therefore diaries calendars or tattooing quarter days on your manhood ( at least it’s a conversation starter :) ) to remind you and point out the shortcomings of others, are essential.
It the 1st of July we’re a week past the longest day and its still ugg boots and scarf weather in London ( for the ladies) and the heating comes on at night.
The issues posted come up regularly and I write the sticky to explain owners and FH’s rights and obligations.
Recent questions are identical to those that come up year in year out in private practice and they are @1% of all the issues of payments demanded and received without fuss.
What they have in common with issues 20 or 30 years ago is
A they include a middle of assumptions of confused and baseless quasi rights from the pub and now the internet
B that the owner is in some way special or unique
C that on examination the assumptions have no basis in law and the recollection of events cannot be proven or are not a fair reflection of what happened
Owners must realise that L & T has its own rules and logic which often run counter to common sense, even if you think “that’s how it should be”, and what may be self evident isn’t or has to be presented in this unique context.
For sheer self preservation if a LL or MA is asked to do something it is fatal to leave the onus with them or assume that it is an unassailable defence when the Solicitors letter arrives. Once an owner varies from “pay a bill on receipt by return” which never fails to work, or “on receipt & by return query or challenge it and assert your rights in a documented way” even if the LL is wrong it opens the way to costs and a long exhausting and expensive process of resolution.
So if LL sends a legal bill for late payment and you think there is an agreement to pay late, then make sure
-it is in place,
-it is honoured by you and them, and
-that the documentation backs that agreement up,
- any subsequent changes are also in place, recorded and honoured
so that if the lease allows for fees for late payment you can in the context of the law in the sticky and that exchange of communications, argue that the fee is
-unreasonable where an agreement is clearly recorded allowing it to be paid late and that it has been honoured
-determine its payability as that it is the LL who has failed to honour that agreement or has done something with stops them for taking action
You must understand that things go wrong and some exploit the situation and therefore diaries calendars or tattooing quarter days on your manhood ( at least it’s a conversation starter :) ) to remind you and point out the shortcomings of others, are essential.
