An enquiry to the RAC in Feb this year, has led to tribunal against my wishes..

[Hellenmellon]

In Feb I made an enquiry to the Rent Assessment Committee to establish if a case could be brought against my social landlord for a service charge (the amount of rent was never an issue). I was advised to complete an RPT5 form and an advisor would let me know if it could be looked at without affecting the rent. I was assured no tribunal would go ahead if I submitted an RPT5, it would only be looked at.

In March, I received a letter from the RAC initiating the start process of the tribunal. I wrote back explaining I did not wish any tribunal to go ahead, to which they replied in saying no further steps would be taken unless they heard back from me. In the meantime, I negotiated with my landlord and reached an amicable solution.

Two months on, the RAC have sent me a letter saying a tribunal is booked for June and they wish to visit my home. Looking through the RAC tribunal T541 Guidance notes, it appears I'm unable to withdraw my application unless both myself and my landlord agree. My landlord is difficult to talk to and refuse's to return my calls on the subject.

I always thought the appellant (in my case the claimed appellant) could halt a tribunal.

Any advice on how to tackle this ?

[AndrewWelch]

Re: An enquiry to the RAC in Feb this year, has led to tribunal against my wishes..

In Feb I made an enquiry to the Rent Assessment Committee to establish if a case could be brought against my social landlord for a service charge (the amount of rent was never an issue). I was advised to complete an RPT5 form and an advisor would let me know if it could be looked at without affecting the rent. I was assured no tribunal would go ahead if I submitted an RPT5, it would only be looked at.

In March, I received a letter from the RAC initiating the start led light process of the tribunal. I wrote back explaining I did not wish any tribunal to go ahead, to which they replied in saying no further steps would be taken unless they heard back from me. In the meantime, I negotiated with my landlord and reached an amicable solution.

Two months on, the RAC have sent me a letter saying a tribunal is booked for June and they wish to visit my home. Looking through the RAC tribunal T541 Guidance notes, it appears I'm unable to withdraw my application unless both myself and my landlord agree. My landlord is difficult to talk to and refuse's to return my calls on the subject.

I always thought the appellant (in my case the claimed appellant) could halt a tribunal.

Any advice on how to tackle this ?

Ask a good expert lawyer to check it.. You might be in trouble if you are not able to solve it

[Hellenmellon]

Re: An enquiry to the RAC in Feb this year, has led to tribunal against my wishes..

Ask a good expert lawyer to check it.. You might be in trouble if you are not able to solve it

This happened back in May, over two months ago. Expert lawyers cost money which I don't have (hence my post here), and legal aid has been stripped from dealing with such matters. Regardless, I read a law book and resolved it myself. There is an amazing lack of advice on the net over legal issues regarding social tenants; yet by end of 2013 there are going to be thousands of people requiring legal advice due to welfare reforms.

[wales01man]

Re: An enquiry to the RAC in Feb this year, has led to tribunal against my wishes..

For others who may find themselfs in the same situation will you post up how you resolved this?

[Hellenmellon]

Re: An enquiry to the RAC in Feb this year, has led to tribunal against my wishes..

For others who may find themselfs in the same situation will you post up how you resolved this?

It was complicated and would take a 10,000 word thesis to explain. What I can advise is thus :



1) NEVER go anywhere near the LVT or RAC tribunals if you're a tenant of
an housing association, regardless of the information the landlord
gives you with any form 4B ( rent or service charge increase).



2) Beware of any information given over the phone by the housing ombudsman;
according to the agent you're dealing with you will get a range of
conflicting advice.



3) Once you start a tribunal application with the RAC, both the tenant
and the landlord have to request it be stopped. If you ring the LVT or
RAC for guidance - I refer you to point 2 above.



4) Talk, talk and talk more to your social landlord before you ever
dispute a) any service charge, b) a rent increase. YOUR rent can and
OFTEN will be increased by the tribunal panel regardless if you are only
disputing the service charge.



I wont advise you seek a lawyer because : a) if you're in social housing
the chances are you wont be able to afford the £1000 minimum quotes I
was getting and, b) Legal aid no longer exists for any housing matters
unless it relates to eviction.

[45002]

OP has already posted on 2 different forums about same subject


http://forums.moneysavingexpert.com/....php?t=4595789

http://www.consumeractiongroup.co.uk...inst-my-wishes..



And wouldn't listen to any advice then !

[Hellenmellon]

Re: OP has already posted on 2 different forums about same subject

http://forums.moneysavingexpert.com/....php?t=4595789

http://www.consumeractiongroup.co.uk...inst-my-wishes..



And wouldn't listen to any advice then !

Because the advice was incorrect ( in fact, your " as I posted" was incorrect) . I sorted the issue out ages ago, hence I never followed it up on this forum and thanked those who offered positive help on the other. On each post I made I came up against aggression when I was being polite. Why ?