Private Landlord Issue

hudson101_2

Hi Folkes been suggested to post this in the hope that anyone can give some helpful advice.

I'm renting from a private landlord and I get charged for "Service Charges" I have found out that the Landlord has not paid any of these fees to the Management Company. I have spoken to the company concerned and they had no idea I was renting the property it appears that the Landlord should have gained permission from them to rent. Currently the management company are chasing the landlord for £1250.00 in Charges they have suggested I contact the Mortgage provider which i have done via checking with the land registry. The details of that show the Landlord as still been at my address but mortgage company can't release any details. Is there a way around this and is there a way i can get anyone to confirm in writing if I have the permissions to reside here.

In my tenenacy agreement it clearly states that the Landlord has "Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender"

My question is this

1. Is this statement Valid? if they had not gained the permission or consent necessary.

2. Does this mean that my tenancy agreement could be invalid?

3. Would it be sufficient grounds for misrepresentation?

4. Also how do I know that any building insurance covers me?

5. How would I go about getting the required documentation.

I have asked several times for a copy of all payments made to the management company regarding service charges but the landlord is just ingnoring my requests (they know they can't produce anything as it has never been paid)

Also the repairs I have asked to be dealt with like faulty intercom, broken outside lights all have not been completed is there anything I can do.

Planner

hudson101 wrote: »

Hi Folkes been suggested to post this in the hope that anyone can give some helpful advice.

I'm renting from a private landlord and I get charged for "Service Charges" I have found out that the Landlord has not paid any of these fees to the Management Company. I have spoken to the company concerned and they had no idea I was renting the property it appears that the Landlord should have gained permission from them to rent. Currently the management company are chasing the landlord for £1250.00 in Charges they have suggested I contact the Mortgage provider which i have done via checking with the land registry. The details of that show the Landlord as still been at my address but mortgage company can't release any details. Is there a way around this and is there a way i can get anyone to confirm in writing if I have the permissions to reside here.

In my tenenacy agreement it clearly states that the Landlord has "Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender"

My question is this

1. Is this statement Valid? if they had not gained the permission or consent necessary. Yes the agreement is valid.

2. Does this mean that my tenancy agreement could be invalid? No it doesnt mean your tenancy agreement is invalid.

3. Would it be sufficient grounds for misrepresentation? No

4. Also how do I know that any building insurance covers me? Surley it covers the buildings rather than you?

5. How would I go about getting the required documentation. What documentation? - As you arent party to the landlords affairs it wouldnt be possible.

I have asked several times for a copy of all payments made to the management company regarding service charges but the landlord is just ingnoring my requests (they know they can't produce anything as it has never been paid) Do you make a seperate payment exclusive of rent for service charges? If not then its none of your bees wax wether or not the LL pays them. If so then, frustrating as it might be, I still dont think its any of your bees wax whether or not he forwards the payments on.

Also the repairs I have asked to be dealt with like faulty intercom, broken outside lights all have not been completed is there anything I can do. Is it the management companies responsibility to make these reepairs? If so the LL needs to pressure them to be made.

Hope that helps.

hudson101_2

Thanks for that seems like a landlord can tell a pack of lies and get away with it I hope she is declaring the income to HMRC. And yes I have to pay my Service Charge as Seperate. Really thought there was some decent landlords out there but looks like I've been proved wrong

Planner

I must admit, I am surprised you pay service charges seperatley, I have never come across such a thing before in tenancy agreements, its normally bundeled in with rent - you are in England/Wales?

The only suggestion I could make is you pay the service charges via a cheque made payable to the management company, rather than your LL and send it direct to your LL to forward on to them?

hudson101_2

Yes Planner I'm in England and Wales, Landlord is new to all this apparently when i first signed the tenancy agreement the rent was set at £425 I was in here 3 months when she told me she had received a letter from the management company asking for £394 she told me she could not afford it and that she had to pass the charge onto me since then i have had to pay £45 a month seperatly and she is planning to increase this to £80.00 per month. The Benefits Agency are going to look into it for me as they have concerns about my agreement and i was trying to find out what the state of play could be.

Colincbayley

So you are paying the LL's service charge for them, and they are not passing it on.

Seem's to me that your bigger worry would be that the LL may not have permission from their mortgage lender to Let the property. And if they are also having money troubles, then your best bet is to move ASAP.

hudson101_2

It appears so.

It's good that I am getting some answers from the good people on here wish I had discovered this site much sooner. Thank you very much for help and advice.

Fire_Fox

hudson101 wrote: »

Yes Planner I'm in England and Wales, Landlord is new to all this apparently when i first signed the tenancy agreement the rent was set at £425 I was in here 3 months when she told me she had received a letter from the management company asking for £394 she told me she could not afford it and that she had to pass the charge onto me since then i have had to pay £45 a month seperatly and she is planning to increase this to £80.00 per month. The Benefits Agency are going to look into it for me as they have concerns about my agreement and i was trying to find out what the state of play could be.

Your landlord is contractually obligated to pay the service charges as part of his long lease. You are NOT obligated to pay it to the landlord unless there is a clause in your AST that says so, even then you may find this could be challenged and deemed an unfair term. This is akin to expecting a tenant to shell out for double glazing! :eek:

The freeholder or managing agent should not have discussed the arrears with you under data protection legislation. You have no legal relationship with them, they have no liability to you to repair the building and your possessions are not covered by the buildings insurance. You should report any problems with the common parts to your landlord in writing.

Assuming the service charges are not mentioned in your AST, I would send a recorded delivery letter to your landlord. Detailing the overpayments to date and confirming you will be subtracting these from the next rent payment. If you get no response or they refuse to sign for the letter, send two further copies from two separate post offices getting a free proof of postage each time. ONLY deal with the landlord in writing and keep copies of every e-mail, letter and receipt.

StudentMoneySaver

Fire Fox is correct. If it is not specifically mentioned in the AST, you are not liable for it.

The Landlord is a bit cheeky in asking you to pay it, it is her responsibility to pay it.

hudson101_2

Fire_Fox wrote: »

Your landlord is contractually obligated to pay the service charges as part of his long lease. You are NOT obligated to pay it to the landlord unless there is a clause in your AST that says so, even then you may find this could be challenged and deemed an unfair term. This is akin to expecting a tenant to shell out for double glazing! :eek:

The freeholder or managing agent should not have discussed the arrears with you under data protection legislation. You have no legal relationship with them, they have no liability to you to repair the building and your possessions are not covered by the buildings insurance. You should report any problems with the common parts to your landlord in writing.

Assuming the service charges are not mentioned in your AST, I would send a recorded delivery letter to your landlord. Detailing the overpayments to date and confirming you will be subtracting these from the next rent payment. If you get no response or they refuse to sign for the letter, send two further copies from two separate post offices getting a free proof of postage each time. ONLY deal with the landlord in writing and keep copies of every e-mail, letter and receipt.

My agreement states "to pay all outgoings charged or imposed on, or payable in respect of the property or charged or iomposed on, or payable by the owner or occupier of the propert; and

The cost of all electricity, water, gas and oil consumed and cost of all telephone calls made at the property during the tenancy together with any rental or standing charges levied by the appropriate authorities and the television licence fee and the maintenence/support charges, cable and satellite charges where applicable"

in another part it states

"Landlord obligations"
"to pay all rates and taxes assessments and other outgoings which now and hereafter become payable in respect of the property except those that are the responsibility of the tenant"

Is this sufficent for her to make me pay the Service Charge?

If it is how do I go about challenging it as an unfair Term?

Daft as it sounds what I would like to know is what has she been doing with the money I paid in good faith expecting the Service Charge to be paid if they are using it against my wishes is that not theft or deception?