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Dear Legal Beagles,
Would I have a legal argument for displacement of the limitations Act? I had no reasonable way to discover these unlawful charges as they are just added to our rent with no breakdown. My landlord said I have no legal case.
I made a complaint regarding unlawful service charges to my landlord, a housing association. On the 22 August 2022. my landlord made a settlement offer of which i part accepted, requesting my complaint be escalated to stage 2 of their complaints procedure. Please see exhibit marked 'B'. My landlord stated they would only go back six years as there was no legal requirement to go back any further. Please see exhibit marked 'C', my landlords stage 2 closure letter.
Service charges were just added to our rent, I have never received a breakdown of charged. In my Tenancy agreement, my landlord is supposed to consult me regarding any changes in Services, which they have never done. Clarion have admitted liability on several counts, refunding/ removing the following items:
· General Cleaning · Refuse Collection · Pest Control · Fire & Smoke Detection Equipment · Door Entry Phone · TV and Satellite · Provision For Door Entry · Provision For TV Aerial · Provision Com Furnishings & Coverings · Provision For Grit Bins · Provision For Resurfacing/Car Park.
Further to this I was compensated for the following:
Service charges - Failure to follow process - Time taken to resolve - Assessment of whether the loss could have been reconciled in any other manner - Lack of communication - Lack of ownership - Misdirection - Inconvenience £2300 Complaint failing to be raised - Failure to follow process - Lack of communication - Misdirection - Inconvenience £150 Response Time Outside of Published SLA £100 Total £2550
My landlord despite removing these services charges, going back 6 years, still continue to charge me for the same services that they have admitted were unlawfully taken. A Housing Specialist was supposed to contact me going forward, to-date no one has ever contacted me. This breached my tenancy agreement.
I appreciate any assistance you maybe able to offer.
Would I have a legal argument for displacement of the limitations Act? I had no reasonable way to discover these unlawful charges as they are just added to our rent with no breakdown. My landlord said I have no legal case.
I made a complaint regarding unlawful service charges to my landlord, a housing association. On the 22 August 2022. my landlord made a settlement offer of which i part accepted, requesting my complaint be escalated to stage 2 of their complaints procedure. Please see exhibit marked 'B'. My landlord stated they would only go back six years as there was no legal requirement to go back any further. Please see exhibit marked 'C', my landlords stage 2 closure letter.
Service charges were just added to our rent, I have never received a breakdown of charged. In my Tenancy agreement, my landlord is supposed to consult me regarding any changes in Services, which they have never done. Clarion have admitted liability on several counts, refunding/ removing the following items:
· General Cleaning · Refuse Collection · Pest Control · Fire & Smoke Detection Equipment · Door Entry Phone · TV and Satellite · Provision For Door Entry · Provision For TV Aerial · Provision Com Furnishings & Coverings · Provision For Grit Bins · Provision For Resurfacing/Car Park.
Further to this I was compensated for the following:
Service charges - Failure to follow process - Time taken to resolve - Assessment of whether the loss could have been reconciled in any other manner - Lack of communication - Lack of ownership - Misdirection - Inconvenience £2300 Complaint failing to be raised - Failure to follow process - Lack of communication - Misdirection - Inconvenience £150 Response Time Outside of Published SLA £100 Total £2550
My landlord despite removing these services charges, going back 6 years, still continue to charge me for the same services that they have admitted were unlawfully taken. A Housing Specialist was supposed to contact me going forward, to-date no one has ever contacted me. This breached my tenancy agreement.
I appreciate any assistance you maybe able to offer.