Rent Increase - New Service Charges

[Worried2014]

Hi,

Would be grateful for any advice on housing associations adding service charges when we have never had to pay any before

They tried adding charges last year but when we disputed it they said it was a mistake and eventually the three months were refunded.

The same has happened this year, they have added ground maintenance and a management fee as service charges. We called to dispute the charges and the service desks response was 'well it isn't much' as if they can overcharge as long as it's a small amount. She then spoke to someone in accounts who agreed a mistake again. Now we have received a letter saying that the charge is correct and that we should have paid last year, but they are not expecting us to pay last years. The fees for grounds maintenance are apparently for a green area in our street. This green area is part of a walkthrough and is accessible by anyone, not just this street. Apparently the charge is shared with the entire street but only half the street is owned by this housing association, some are other associations and some privately owned. Can they add extra charges like this

For clarity we have lived here 8 years since exchanging with another tenant. We took on their assured tenancy and the paper work does not list any service charges at all but there is a section that mentions increases can be made with 28 days notice. We have disputed our rent in the past, when they increased the rent within a month of us moving in with no increase letter. It took us two years to get it sorted and we agreed to change our rent increases from April, which is stated in our tenancy, to July to match other tenancies. We did not agree to any other changes and have not received any new tenancy agreement since, so assume everything we have in writing stands.

Thanks for your help

[Kati]

Re: Rent Increase - New Service Charges

tagging [MENTION=15129]Crazy council[/MENTION] xx

[CLL1]

Re: Rent Increase - New Service Charges

If the tenancy agreement makes no mention of paying a service charge (or that it can be included as part of your rent) it is unlikely that you are liable to pay it.

[Diana M]

Re: Rent Increase - New Service Charges

Have you made a formal complaint about this repeated issue to your Housing Association?

If not maybe that would be a good start, then if you don't get the result you're seeking you can always refer your complaint to the Housing Ombudsman Service. They're independent and objective (at least that's the general idea).

Look at the HOS website for how to do this (complain) but also read some of the Case Studies on there to give you an idea of a tenant's expectations of any outcome might be.

In the end it always boils down to the terms of your lease which is a legally binding contract. This is mostly set out in black and white, but it's the grey areas which can cause friction.

http://www.housing-ombudsman.org.uk/.../#.V3eOjZVRFLM

Di x

[Worried2014]

Re: Rent Increase - New Service Charges

Hi,

Just an update. We did put in a complaint and have just received a response. They have completely ignored our question about them being able to add these charges as they are not listed on our tenancy agreement. They have just repeated the first letter, now stating that the charge is for maintaining alleyways in our road and that all the street pays whether or not we directly benefit from the service. That's it.

I feel that this charge is being added to cover the fact that the rents are having to decrease by 1% over the next four years, in line with government guidelines, and that they are now adding the charge instead (although there is a slight difference). They have ignored the fact there are no services included in the tenancy agreement and in their usual fashion seem to think if they keep saying the same thing and ignore the real question I might go away and just pay it.

I will be writing to say my complaint has not been resolved but does anyone have any advice that might help them take my complaint seriously?

Thanks

[Diana M]

Re: Rent Increase - New Service Charges

I haven't seen the paperwork so I can't say for certain that you shouldn't be charged for maintaining the alleyways. Sometimes it's a question of how a woolly lease clause can be interpreted.

I agree with you that it's not about the money it's about the principle.

From what you say their letter is more about justifying why they are charging you for something they can't charge you for, rather than saying that your lease specifically says you must.

Why not write back and re-state your objections and ask them for a deadlock letter if they don't agree with you. Then it's off to the Housing Ombudsman.

No one can predict whether you'll win or not but you won't win if you don't try

Good luck with this.

Di

[Worried2014]

Re: Rent Increase - New Service Charges

Hi,


This is all it says in our tenancy about service charges....I read this as they will give 28 days notice of any increase but NO service charges are listed. As the tenancy was assigned to us as we exchanged and as they did not own the property when the tenancy was first taken on by original tenant there is a note that says any changes should be made and initialled...but no changes are made on the agreement, which is why we had the first issue with rent increases (but that is sorted now).