Housing ombudsman or civil court for service charge dispute ?

[Robb]

I'm currently disputing the introduction of a service charge with my social housing landlord. From the information I have gained so far, it appears I have to follow the landlords complaint process and then onto the ombudsman. However, 'IF' (still learning legal jargon *) my tenancy agreement does not allow for any variation (assured non-short-hold signed in 2005), should I take this through the civil courts, or carry on through the complaints process for the ombudsman to make any decision ?

* I assumed tenancy agreements had to be clearly laid for the layperson to understand. Working out if mine as any variation built in is like reading the bible in 'phone text' mode

[bluebottle]

Re: Housing ombudsman or civil court for service charge dispute ?

Basically, a tenancy agreement cannot take away any statutory rights you may have. It would be wise for you to speak to a legal professional at your local Law Centre or the Community Legal Service. They can provide you with free or very low-cost legal advice/assistance.

[Robb]

Re: Housing ombudsman or civil court for service charge dispute ?

Basically, a tenancy agreement cannot take away any statutory rights you may have. It would be wise for you to speak to a legal professional at your local Law Centre or the Community Legal Service. They can provide you with free or very low-cost legal advice/assistance.

Many thanks for you reply, but I've tried in vain to get legal advice. Legal Aid will only pay £90 and the advisors claim that wouldnt cover the cost of reading page 1 of the TA.

My previous thread here sums up the problem : http://www.legalbeagles.info/forums/...o-legal-advice-!

[SpringerSpaniel]

Re: Housing ombudsman or civil court for service charge dispute ?

My understanding is thaat if you use the Ombudsman process first, which is cheaper and simpler, you can then go to court if this has not resolved the issue.

It may also be helpful to see your MP and/or your local councillor as it is social housing

[Robb]

Re: Housing ombudsman or civil court for service charge dispute ?

My understanding is thaat if you use the Ombudsman process first, which is cheaper and simpler, you can then go to court if this has not resolved the issue

That is what I was hoping to hear. I will check that out with the Ombudsman direct. I assume the Ombudsman checks the clarity of the clause's within the TA ?

It may also be helpful to see your MP and/or your local councillor as it is social housing

I have wrote to my MP and got stonewalled by the 'guardian to the MPs desk' (his secretary) and was told to seek legal advice. Can you see a theme happening here lol !

[Trummel]

Re: Housing ombudsman or civil court for service charge dispute ?

My understanding is that if you use the Ombudsman process first, which is cheaper and simpler, you can then go to court if this has not resolved the issue.

It may also be helpful to see your MP and/or your local councillor as it is social housing[/QUOTE]


My comment relates to a Housing Trust flat in Chester, Cheshire and similar situations in other Trust properties.

My experience with Cosmopolitan Housing Group comprising Chester & District Housing Trust and Cheshire West & Chester Council has resulted in a massive cover-up of alleged illegal activity and Misconduct in Public Office into which Stephen J Mosley MP has insinuated himself. Simon Goacher, former lead solicitor for the Council has consistently obstructed due process of law by orchestrating a disingenuous merry-go-round and Health & Safety Executive have done nothing to address problems with dangerous gas appliances and carbon monoxide emissions in many properties for two years. Homes and Communities Agency denies that it has a duty to respond to tenant complaints under new legislation (2010). The Ombudsman runs an anonymous function based upon secret justice principles and general denials and refuses to act because the Council has blocked stage two complaint procedures. They all refer the issues back to housing trust officials who deny that a problem exists. They are all feeding at the same trough and covering up for each other. I am an octogenarian and have had no heat or hot water in my Trust flat for two years including two winters with below freezing temperatures.

I published a new article on my web site yesterday that puts what I have written here in perspective at:

http://contracabal.com/880-37-16.html

and supporting articles that I have written can be found by accessing the index at:

http://contracabal.com

Paul Trummel, Professor Emeritus.