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Dear Sirs,
I am attempting to recover Service Charges which had been unlawfully taken from my over the years. I am attempting to go right back to when my tenancy started, 05 Dec 1995 by arguing that I could not have known about what charges my landlord had added to our contract, (tenancy.)
a) Displacement of Limitations Act - Would this be enough for me to argue that I could not have reasonably of known what Service charges my landlord had unlawfully added to my contract. Please note, a consultation (of which I was not part of) had taken place to add extra charges of which it appeared tenants at my scheme including myself had been paying for 10 years prior to any consultation. Therefore breaching our contract
b) Due to not being supplied with sufficient documents enabling me to calculate sums which had been unlawfully taken over the years. Would I be able to request from the court, punative damages?
I appreciate any assistance you can offer
Kind regards
Stevieb
Subject Access request - Part responded to:
On the 18th of April 2023, I submitted a Subject Access Request (“SARs”) under the General Data Protection Regulations 2018 (“GDPR18”), for information of all Service Charges from the date my tenancy commenced, 04 December 1995, to-date.
On the 02nd of June, I contacted your client, as I had not heard anything from them regarding my request. I spoke to Sharee, who informed me that my request was not being treated as a SAR’s request, its being treated as a Business-as-Usual Request (“BAU”). Although not specifically a SARS request, Clarion should still follow the guidelines as if it was a SAR’s request. Sharee raised this as an official complaint as she felt that this was unprofessional of her company to have not responded sooner.
Your client first responded on the 20th July, some three months after my initial request, where I was provide with information regarding Service Charges for the following years: 1996; 1999; 2000; 2011; 2012; 2014; 2015; 2016; 2017; 2018; 2019; 2021; 2022 and 2023. However, 1997; 1998; 2001; 2002; 2003; 2004; 2005; 2006; 2007; 2008; 2009; 2010 and 2020 were not provided. Further to this, there was no evidence of any work being carried out which tenants have been charged for.
It seems strange how you have gone right back to 1996, yet there are missing years post this date. I would have assumed they would all be together held on your legacy system. With the exception of 2020, surely this would be held on your new systems as it was only three years back.
As your client has not been able to provide me with the missing years, unable to collate what charges were taken unlawfully.
Although, Window Cleaning is a charge detailed in our contract, we have not had a Window Cleaner since around 2000.
Your client has left me no alternative than to take this further. I will now be seeking help from the court where I will be requesting Punative damages exceeding what your client has taken from me. The exact amount to be decided by the courts. I will require strict proof, such as invoices, detailing the dates, prices and what work was actually carried out.
Your client has stated that a consultation was sent out on the 05 December 2012.The first time I had laid eyes on this document as when I received documents in 2023, following a Subject Access Request I made. Your Client stated:
“Consultation ends on the 11th of January 2013. This allows us time to investigate queries raised and make any necessary changes. We will issue final notification for the 2014/2014 year by the end of February 2013. The new charges will be payable from 1 April 2013. You will find enclosed descriptions for the different service charges.”
The Association will consult the Tenant before making changes in matters of Housing management or Maintenance which are likely to have a substantial effect on the tenant.”
You can see clearly that no money has been spent on this carpark in many years, and that it has never been resurfaced post 1993 when my Neighbour moved in.
Where the occupier's responsibility for service charges in a block of flats was contractually limited to covering the cost of garden maintenance and lighting, the landlord was unable to add the cost of removing rubbish from the car park to the rear of the property to the list of service charges after the tenancy started[10
It's my belief that this would apply to several of the charges which we are not receiving or fall outside of out tenancy agreement. Clarion still charges tenants for these unlawful charges.
Service Charges commencing:
2nd of April 2012/2013 (dated 14 Feb 2012) - Not received due to being addressed incorrectly.
07th of April 2013/2014 (dated 05 Dec 2012) - Not received due to being addressed incorrectly.
Service Charges commencing:
07th of April 2014/2015 (dated 21st of Feb 2014) - Not received. However, is addressed correctly.
And,
06th of April 2015/2016 (dated 23rd Fb 2015) - Not received. However, is addressed correctly.
Admin 10% (depreciation offer) has been removed but I believe still charged.
Service Charges commencing:
04th of April 2022/2023 (dated 15th of Feb 2022) – Received, disputed.
03rd of April 2023/2024 (dated 23 February 2023) – Receive, disputed admin fee.
I received a refund of charges for the period of 2016-2021. I disputed these charges in February 2022 when I was first made aware of exactly what we were being charged. However, your client still proceeded to charge me for the period of April 2022/2023, before removing these unlawful charges for the period 2023/2024.
My stance remains unchanged. I wish to claim back any charges which either:
Any other charges are deemed unlawful, of which my claim is based upon.
I am attempting to recover Service Charges which had been unlawfully taken from my over the years. I am attempting to go right back to when my tenancy started, 05 Dec 1995 by arguing that I could not have known about what charges my landlord had added to our contract, (tenancy.)
a) Displacement of Limitations Act - Would this be enough for me to argue that I could not have reasonably of known what Service charges my landlord had unlawfully added to my contract. Please note, a consultation (of which I was not part of) had taken place to add extra charges of which it appeared tenants at my scheme including myself had been paying for 10 years prior to any consultation. Therefore breaching our contract
b) Due to not being supplied with sufficient documents enabling me to calculate sums which had been unlawfully taken over the years. Would I be able to request from the court, punative damages?
I appreciate any assistance you can offer
Kind regards
Stevieb
Subject Access request - Part responded to:
On the 18th of April 2023, I submitted a Subject Access Request (“SARs”) under the General Data Protection Regulations 2018 (“GDPR18”), for information of all Service Charges from the date my tenancy commenced, 04 December 1995, to-date.
On the 02nd of June, I contacted your client, as I had not heard anything from them regarding my request. I spoke to Sharee, who informed me that my request was not being treated as a SAR’s request, its being treated as a Business-as-Usual Request (“BAU”). Although not specifically a SARS request, Clarion should still follow the guidelines as if it was a SAR’s request. Sharee raised this as an official complaint as she felt that this was unprofessional of her company to have not responded sooner.
Your client first responded on the 20th July, some three months after my initial request, where I was provide with information regarding Service Charges for the following years: 1996; 1999; 2000; 2011; 2012; 2014; 2015; 2016; 2017; 2018; 2019; 2021; 2022 and 2023. However, 1997; 1998; 2001; 2002; 2003; 2004; 2005; 2006; 2007; 2008; 2009; 2010 and 2020 were not provided. Further to this, there was no evidence of any work being carried out which tenants have been charged for.
It seems strange how you have gone right back to 1996, yet there are missing years post this date. I would have assumed they would all be together held on your legacy system. With the exception of 2020, surely this would be held on your new systems as it was only three years back.
As your client has not been able to provide me with the missing years, unable to collate what charges were taken unlawfully.
Although, Window Cleaning is a charge detailed in our contract, we have not had a Window Cleaner since around 2000.
Your client has left me no alternative than to take this further. I will now be seeking help from the court where I will be requesting Punative damages exceeding what your client has taken from me. The exact amount to be decided by the courts. I will require strict proof, such as invoices, detailing the dates, prices and what work was actually carried out.
- Consultation of Proposed Service Charges:
Your client has stated that a consultation was sent out on the 05 December 2012.The first time I had laid eyes on this document as when I received documents in 2023, following a Subject Access Request I made. Your Client stated:
“Consultation ends on the 11th of January 2013. This allows us time to investigate queries raised and make any necessary changes. We will issue final notification for the 2014/2014 year by the end of February 2013. The new charges will be payable from 1 April 2013. You will find enclosed descriptions for the different service charges.”
- The consultation was never received by me. I have noticed that it was addressed incorrectly, this maybe the reason. 10 Albert Road belongs to the ‘Society of Jesus.’ Further to this, I was at Flat 8. There is confusion with delivery as the next block to be is block 8 and just past that there are two bungalows, 8a and 8b Albert Road.
- I never received any ‘Final Notification’ neither at the time, (end of February) or within my SAR’s request.
- I have spoken to long standing tenants who also have never received any consultation and also have been charges service charges unlawfully.
- I would like to know why your client allegedly had a consultation. Your client seems to believe that can charge us what they want. It seems, tenants were already been charged for the proposed charges and had been for many years prior to any alleged consultation. This breaches our contract, which states under the heading ‘Tenants Rights’:
The Association will consult the Tenant before making changes in matters of Housing management or Maintenance which are likely to have a substantial effect on the tenant.”
- Why was your client, and still continues charging tenants for services of which we have never received?
- Further to (d), your client has been charging tenants for provision for resurfacing of Carpark. This work has never been done; the carpark has only ever been patched.
- For almost a year there has been damage to the carpark, something had been set alight. Your client has stated thsat this won’t be repaired anytime soon as there is no money in the pot. Where has tenants’ money been going?
You can see clearly that no money has been spent on this carpark in many years, and that it has never been resurfaced post 1993 when my Neighbour moved in.
- Refuse Collection:
Where the occupier's responsibility for service charges in a block of flats was contractually limited to covering the cost of garden maintenance and lighting, the landlord was unable to add the cost of removing rubbish from the car park to the rear of the property to the list of service charges after the tenancy started[10
It's my belief that this would apply to several of the charges which we are not receiving or fall outside of out tenancy agreement. Clarion still charges tenants for these unlawful charges.
Service Charges commencing:
2nd of April 2012/2013 (dated 14 Feb 2012) - Not received due to being addressed incorrectly.
07th of April 2013/2014 (dated 05 Dec 2012) - Not received due to being addressed incorrectly.
| Service Element Description: | Service Element Description: |
| Light and Power | Fire & Smoke Detective Equip |
| Grounds Maintenance | Door Entry Phone |
| Window Cleaning | TV & Satellite |
| General Cleaning | Provision for Door Entry |
| Refuse Collection | Provision for TV Ariel |
| Pest Control | Provision Com Furnishings/ Coverings |
| Provision for Grit Bins | Provision for resurfacing of Carpark |
| Admin 10% (depreciation offer) |
07th of April 2014/2015 (dated 21st of Feb 2014) - Not received. However, is addressed correctly.
And,
06th of April 2015/2016 (dated 23rd Fb 2015) - Not received. However, is addressed correctly.
| Service Element Description: | Service Element Description: |
| Light and Power | Fire & Smoke Detective Equip |
| Grounds Maintenance | Door Entry Phone |
| Window Cleaning | TV & Satellite |
| General Cleaning | Provision for Door Entry |
| Refuse Collection | Provision for TV Ariel |
| Pest Control | Provision Com Furnishings/ Coverings |
| Provision for Grit Bins | Provision for resurfacing of Carpark |
Service Charges commencing:
04th of April 2022/2023 (dated 15th of Feb 2022) – Received, disputed.
| Service Element Description: | Service Element Description: |
| Rent | Fire Protection |
| Administration Fee | Grounds Maintenance Contract |
| Communal Cleaning | Pest Control |
| Communal Electricity | Provision of other Equipment |
| Communal Window Cleaning | Refuse Collection |
| Door Service Entry Contract | Tree Work |
| Service Element Description: | Service Element Description: |
| Administration Fee | Communal Window Cleaning |
| Communal Electricity | Grounds Maintenance Contract |
My stance remains unchanged. I wish to claim back any charges which either:
- Fell outside our contract.
- Tenants had not received.
- Charged twice.
- Where the Courts have deemed charges to be unlawful.
- Gardening
- External Window Cleaning.
- Lighting.
Any other charges are deemed unlawful, of which my claim is based upon.
