Landlord enforcing service charge

Bickers1

We have recently moved out of a rented property into our own home. Before we moved out we learnt that the Letting Agents had gone bust and taken our security deposit with them. (Our tenancy agreement was pre-2007 and deposit schemes) The landlord said the money was lost and therefore no refund would be made by him. We have since sought legal advice who confirmed that it was the Landlord's responsibility to return this amount and duly requested the sum via letter.

Here's where we need the advice...
Our landlord has responded to the letter by quoting a section of the contract that states "the tenant will pay and contribute to the landlord a fair proportion of the service charge in respect to repair and maintenance of footpaths etc etc falling within the communal ground"

His message then goes on to say that we would be 100% responsible for the fees which works out to us owing him £50.

We couldn't find the original contract during the move, would this then have gone on to say how the money was to be collected and can he enforce this after we have moved out, never having mentioned it over our four year tenancy (or when he told us our deposit had been lost) and only now telling us about it because we want to claim our deposit back ???

I hope this makes sense!

mynameisdave

A fair proportion is not 100%. If the landlord wanted 100% of the charges he should have stated the fees in absolute terms, rather than some ambiguous "fair proportion"

I'd tell him to get stuffed. And I may be wrong in legal terms but I would say the LL owes you the deposit, and he then has to chase the money from his agent.

G_M

The LL is responsible for your deposit as the contract is between you and him. The agent is (was) simply someone working on his behalf.

If this clause is in the contract, then yes, he can invoke it. However, it says "a fair proportion".

You should insist on seeing the service charge invoice and a breakdown of what it covers.

You should agree what constitutes 'a fair proportion', bearing in mind it may well include buildings insurance (landlord's responsibility not yours), an amount held for building repairs (likewise) etc.

ps - if you have supplementary questions, add them to this thread rather than start a new one!

theartfullodger

Bickers1 wrote: »

We have since sought legal advice who confirmed that it was the Landlord's responsibility to return this amount and duly requested the sum via letter.

Good, quite right... If you have to pursue him through small-claims procedure, quite easy actually.

Here's where we need the advice...
Our landlord has responded to the letter by quoting a section of the contract that states "the tenant will pay and contribute to the landlord a fair proportion of the service charge in respect to repair and maintenance of footpaths etc etc falling within the communal ground"

His message then goes on to say that we would be 100% responsible for the fees which works out to us owing him £50.

We couldn't find the original contract during the move, would this then have gone on to say how the money was to be collected and can he enforce this after we have moved out, never having mentioned it over our four year tenancy (or when he told us our deposit had been lost) and only now telling us about it because we want to claim our deposit back ???

.
Just because there is a clause in the contract you both signed doesn't mean it is enforceable. However it may be this one is, but as stated above "fair"...

I have a similar situation in Scotland where I (as LL) pay service charges - but the deeds of the property state I am responsible for them[I guess I adjust the rent a little to compensate, but at least everyone knows where they are]. Ask the little toe-rag for a copy of his deeds/his-agreement-re-service-charges..

. Tricky...