Shared ownership eviction

[bambisoloved]

Hope someone can help as totally confused.

I Have a shared ownership tenancy with an Housing association. I do not have a mortgage as I put a large percentage down to buy my part. The rest I pay rent. As part of the lease I pay service charges which have been broken down to pay for communal cleaning etc and tagged on the end is water charges. The housing association gets the bill and passes it on to us.

About a year ago I was talking to another shared ownership tenant and he said he does not pay water charges his solicitor said it isn't in his lease that he has to. my lease is the same so I stopped paying my water charges and contacted my housing association landlord and told them why.

Over the past year they have argued that the water charge is part of the rent. I argue that it is two different things and asked why is it not in my lease if I have to pay it. They continue to say that in their annual statement they put down that the water charges come under the heading rent so I have to pay. I maintain that a annual rent statement is not a legal document but a lease is.

Finally yesterday the manager has said that the housing association is seeking an order of reprocession due to non payment of rent. My rent is up to date its my water charges they have an issue with.

I am filling in forms to apply for legal aid as I am On ESA, PIP housing/council benefits as I will need a solicitor to sort this out.

Can I ask what your view on this is ? Landlords are very quick to make sure you adhere to your lease so why shouldn't they.


bambisoloved

[Amethyst]

Re: Shared ownership eviction

I think it will be necessary to see your lease to be able to help, however I'm not sure I'd take the word of your neighbour to stop payment of part of your rent. So the water authority charge the housing association and that is passed on to you. Is your argument that your rent already covers water so they are double adding it, or that you shouldn't' pay for water at all?

[bambisoloved]

Re: Shared ownership eviction

Thank you for replying

No I am saying its a legal point I am trying to make and from what I have read about leases you have to be specific about what the tenant has to pay you cant just say pay service charges you have to say service charges which include cleaning communal areas, maintaining the garden, replace communal bulbs etc which it does in my lease but it does not say that the service charge includes paying water charges. So the housing association should not be asking for me to pay it.


Sorry if I haven't been very clear, I am greatful for your interest.

bambisoloved

[stevemLS]

Re: Shared ownership eviction

Most leases provide for specifics in the service charge but then also have an "any other outgoings" type sweep up.

The annual rent statement will in fact be a legal document, I expect, and the lease will provide for it or it will otherwise be provided for by statute.

Shared ownership is more complicated, do you have a lease and a shared ownership agreement or a lease and a tenancy or a shared ownership agreement and a tenancy with your interest noted at the land registry. I have seen shared ownership arrangements on all sorts of bases.

Obviously you have to pay for your water somehow, how do you think you are paying for it.

Is it worth risking losing your home over the water bill?

[bambisoloved]

Re: Shared ownership eviction

Hello

On the front of my document it just says shared ownership lease. I have had a look and the part of the property I own is not registered with the land registry .

bambisoloved

[stevemLS]

Re: Shared ownership eviction

So what, exactly, does it say about service charges and rent?

[wales01man]

Re: Shared ownership eviction

Have the water charges been paid ? if so by who

[Kati]

Re: Shared ownership eviction

Could you post up a (redacted) copy of your lease? Or email it to me (kati@legalbeagles.info) and I will? I think you will get more accurate advice if we can actually see the document xx