Housing Association's SLUSH/Sinking/fund also known as provisions account

[Guest]

My daughter owns the higher share of a housing association shared ownership maisonette (bad mistake) that she now wants to sell. Over the years, the housing association every month charge her a sum of money for what they term "Provisions". The account now stands at £4,474.69 - money they have taken from my daughter to cover the possibility that the roof may blow off (despite NCB guarantee and buildings insurance), lift repair (two maisonettes, each with their own ground level front doors and with no lifts), door entry system repair (no door entry system, own front door with direct entry at ground level), interior decoration (her lease requires her to maintain the interior of her property) etc. None of the "Provisions" account/slush fund has been spent since the property was built nine years ago. My daughter says that she has no chance of getting the money back, even when she sells her property.

First thing - isn't there a restriction on the amount of money a housing association/landlord can hold in this way and if there is an expensive repair required, aren't they supposed to tell residents, thereby giving them the opportunity to get other quotes for the job?
Second thing - to try to get her money back, is the only way by going to a lease tribunal or is this something she could take to the small claims court?
Third thing - Will the new owners (given that once the property is sold, the housing association's interest will be only as the freeholder) be liable to pay into the Provisions account?

Thanks for your interest, I would be very grateful for opinions and advice

[Crazy council]

Re: Housing Association's SLUSH/Sinking/fund also known as provisions account

Hi

do you have a copy of the agreements/lease ( redacted ),

[Openlaw15]

Re: Housing Association's SLUSH/Sinking/fund also known as provisions account

My daughter owns the higher share of a housing association shared ownership maisonette (bad mistake) that she now wants to sell. Over the years, the housing association every month charge her a sum of money for what they term "Provisions". The account now stands at £4,474.69 - money they have taken from my daughter to cover the possibility that the roof may blow off (despite NCB guarantee and buildings insurance), lift repair (two maisonettes, each with their own ground level front doors and with no lifts), door entry system repair (no door entry system, own front door with direct entry at ground level), interior decoration (her lease requires her to maintain the interior of her property) etc. None of the "Provisions" account/slush fund has been spent since the property was built nine years ago. My daughter says that she has no chance of getting the money back, even when she sells her property.

First thing - isn't there a restriction on the amount of money a housing association/landlord can hold in this way and if there is an expensive repair required, aren't they supposed to tell residents, thereby giving them the opportunity to get other quotes for the job?
Second thing - to try to get her money back, is the only way by going to a lease tribunal or is this something she could take to the small claims court?
Third thing - Will the new owners (given that once the property is sold, the housing association's interest will be only as the freeholder) be liable to pay into the Provisions account?

Thanks for your interest, I would be very grateful for opinions and advice

When there is a shared ownership with a housing association I believe it's the association who has actual ownership. How much of the interest does your daughter have in the property, ie 25%, 50%, 75% etc? You say majority, so more than 50%? Alternatively, how much of a percentage interest does the Housing Association hold in the property?

[Crazy council]

Re: Housing Association's SLUSH/Sinking/fund also known as provisions account

Also, need to know how the contracts describe the differences between

Ground rent charges ( if applicable )
Management service charges ( if applicable )
maintenance charges ( if applicable )

Its the wording in the docs that will be important. you would get the best advice if you posted a copy so everyone can have a look, these agreements can be quite complex to understand as each HA tends to get them draw up.

The only time i have seen extra to the above was a term in the agreements that had a fund to cover insurance excesses

[Guest]

Re: Housing Association's SLUSH/Sinking/fund also known as provisions account

Hi

do you have a copy of the agreements/lease ( redacted ),

Will do, sorry for the delay, I'll do it ASAP.

Thank you