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Lambeth Council - help!
jaspaz
Posts: 9 Forumite
Hello,
We bought, and lived in for three and a half years, our 2 bed ex-council flat where the leaseholder is that delightful council, Lambeth. We moved out in November 2008 due to a horrendous neighbour that the council did nothing about and, prices being what they were at the time, were unable to sell so we now rent the flat out, and have had excellent tenants in since then. We rent now in Brighton (don't own anywhere too expensive and trying our hardest to pay off debt!).
In our first year (2005/06!) we got a notice of works that they were going to replace the cold water tanks in the roof, and the estimated cost to us as leasholders would be around £1,850. Ah well, we thought, that's part of being a leaseholder and we waited and waited for them to do the work and then for them to send us the bill.
They finally sent us the bill earlier this year - 4 years after the original notification :rotfl:and we were given payment options of paying it in instalments over a 2 year period. We said fine, and wrote off to agree paying it.
So imagine our shock when today we received a letter saying that, because we did not live in the property, we would have to pay it out in full straight away to avoid legal action and that we weren't entitled to pay in instalments. We would have to seek independent legal advice! We are so angry, we are happy to pay for the works done (despite the fact that the cost is extortionate in proportion to what was done), but we simply cannot afford £1,800 just like that because the council have decided that all of a sudden we aren't eligible to pay it off. I've written to a property lawyer friend of mine too, but would appreciate any advice on what we should do next? You know they are so uhelpful at the council and we get a different story every time we ring
and then to threaten legal action against us when we have done nothing wrong??
The letter is just below.
Many thanks for your help.
Thank you for your letter dated 25/06/10 regarding your request to pay the above invoice by monthly instalment payments.
Unfortunately, I am writing to inform you that we are unable to accept your offer of payment by this method. The reason for this decision is that the Council's policy is to accept payment agreements to leaseholders residing in the leasehold property. In your case our records show that you do not reside in the property.
As a result of this you will be expected to make payment in full to avoid legal action being taken against you. If you are unable to make payment in full, we would advise that you seek independent legal advice. In order to assist you I have enclosed a Debt Counselling Services leaflet for your information.
If we can be of any further assistance please do not hesitate to contact us.
Yours sincerely etc
By the way there was no Debt Counselling Services leaflet enclosed :rotfl:
We bought, and lived in for three and a half years, our 2 bed ex-council flat where the leaseholder is that delightful council, Lambeth. We moved out in November 2008 due to a horrendous neighbour that the council did nothing about and, prices being what they were at the time, were unable to sell so we now rent the flat out, and have had excellent tenants in since then. We rent now in Brighton (don't own anywhere too expensive and trying our hardest to pay off debt!).
In our first year (2005/06!) we got a notice of works that they were going to replace the cold water tanks in the roof, and the estimated cost to us as leasholders would be around £1,850. Ah well, we thought, that's part of being a leaseholder and we waited and waited for them to do the work and then for them to send us the bill.
They finally sent us the bill earlier this year - 4 years after the original notification :rotfl:and we were given payment options of paying it in instalments over a 2 year period. We said fine, and wrote off to agree paying it.
So imagine our shock when today we received a letter saying that, because we did not live in the property, we would have to pay it out in full straight away to avoid legal action and that we weren't entitled to pay in instalments. We would have to seek independent legal advice! We are so angry, we are happy to pay for the works done (despite the fact that the cost is extortionate in proportion to what was done), but we simply cannot afford £1,800 just like that because the council have decided that all of a sudden we aren't eligible to pay it off. I've written to a property lawyer friend of mine too, but would appreciate any advice on what we should do next? You know they are so uhelpful at the council and we get a different story every time we ring
and then to threaten legal action against us when we have done nothing wrong??The letter is just below.
Many thanks for your help.
Thank you for your letter dated 25/06/10 regarding your request to pay the above invoice by monthly instalment payments.
Unfortunately, I am writing to inform you that we are unable to accept your offer of payment by this method. The reason for this decision is that the Council's policy is to accept payment agreements to leaseholders residing in the leasehold property. In your case our records show that you do not reside in the property.
As a result of this you will be expected to make payment in full to avoid legal action being taken against you. If you are unable to make payment in full, we would advise that you seek independent legal advice. In order to assist you I have enclosed a Debt Counselling Services leaflet for your information.
If we can be of any further assistance please do not hesitate to contact us.
Yours sincerely etc
By the way there was no Debt Counselling Services leaflet enclosed :rotfl:
0
Comments
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Go to the LEASE website. Government funded advice on your rights and responsibilities as a leaseholder.0
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Sorry I can't help, but you have my sympathies; that is one bl00dy rude letter.0
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thank you very much for your advice - I have just sent LEASE a message via their website. Interesting rule about the council having to give you notice that the work won't be billed - we are now looking to see if that is indeed the case here as it has been ongoing for so long!0
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Well if they sent the !!!!!!! bill when the work was done and you were living there wouldnt be a problem. I so hate London Councils, makes you wonder what other invoices they have not sent out for the last 4-5 years no wonder they are ina state0
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Personally, I think I would just make installment payments [you do know the payment schedule, I assume] and let them sue. You can show original documentation offering installments, you can argue that you have organised your finances accordingly and you can request judgement that payment be made according to the payment schedule. Someone correct me if I am wrong, but if such a plan is complied with, it should not appear as a ccj on a credit record.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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It appears that as a landlord they are treating you as a business, which does not seem that unfair.0
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It appears that as a landlord they are treating you as a business, which does not seem that unfair.
I think you are slightly missing the point. As stated above, we are happy to pay but we don't have the money. We have been for some time seeking to find an alternative method of payment (after being told this would be possible) and they are not offering us any options but instead threatening legal action without entering in a suitable dialogue. We aren't a business, we don't make any money off the rental income and we were living there when the charge for the work was first incurred.
Personal and work circumstances forced our move - we tried to sell at the time but were not able to do so as it was at the height of the credit crunch. There must be 1000s of people in a similar position to us, renting their homes because they cannot sell.
There is above all else, no excuse for the council to send such a threatening and uncompromising letter.0 -
Well if they sent the !!!!!!! bill when the work was done and you were living there wouldnt be a problem. I so hate London Councils, makes you wonder what other invoices they have not sent out for the last 4-5 years no wonder they are ina state
Yes, we were asking after the bill for 3 years as we were so worried about its impact on our delicate finances! And now it has come to this! Oh well, we will see what LEASE have to say, one would hope that Lambeth were open to negotiation but it would seem not.
Even more worryingly whilst we were living there they issued a notice of works to have all the roofs done and double glazing installed - this they have put off for the last 3 years. The roofs were condemmed back in the 1980s and I simply refuse to pay for work that should have been done 20 years ago lol and as for the double glazing, well you can see the need (although our flat has it already), but they keep putting it off and putting it off. Lambeth were rated I think in the bottom 5 boroughs in the country, we just want to be shot of the flat now which is a shame as it is a nice little apartment in a good location. But I'd never have a council as a landlord ever again!0 -
What DV advises above is best and will more than likely be the outcome. A Court is unlikely to deviate from the plan and will not place you in any financial hardship, even more so looking at the borough councils lax invoicing0
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