IT'S a disappointing start to 2015 for the 27 owners in Granby House who did not join the building’s leasehold action against The Guinness Partnership earlier this year.
Catch up with the story here: Granby House - Let This Be A Lesson
“It’s absolutely ridiculous of course considering we won based on factual evidence and GNC did not appeal to this."
While those that did are now enjoying a pay-out of £1,700 the remainder have been told they will have to get their own Leasehold Valuation Tribunal ruling before receiving refunds of over-inflated service charges dating back years.
Today a spokesperson for The Guinness Partnership (Guinness Northern Counties as it was previously) said: "Legislation is clear that Tribunal decisions apply only to the applicants themselves, and that they do not set a precedent.
“In line with this, we have already refunded the tribunal applicants but will not be refunding other leaseholders in Granby House.
“That said however, we have refunded a substantial sum into the overall sinking fund which will benefit everyone at Granby House, and the management fee and window cleaning costs have also been reduced this year."
Martijn de Roo, who led the Tribunal battle and generously drafted a letter for the other owners asking that the ruling be applied to them says he is disappointed but not surprised.
He said: “It’s absolutely ridiculous of course considering we won based on factual evidence and GNC did not appeal to this.
“So some of the leaseholders will now start up this process once again in order for the decision of our case to also be applied to them. To me this sounds like a waste of time and money as I am convinced any tribunal will decide in Leaseholders' favour, but if that is what has to happen then so be it.
“In the meantime, GNC have wisely decided to apply some of the LVT decisions to the financial year 2014-2015, although an improvement in their service is yet to be seen.”
He remains determined to pursue the Right to Manage process in the New Year so the owners can appoint their own Management Company to look after the Grade II listed building.
Meanwhile other buildings continue the slow Leasehold Valuation Tribunal process. Owners at 15 Piccadilly – inspired and helped by Granby – are heading for their own hearing date against The Guinness Partnership (GNC) in 2015.