Trapped in my flat by huge service charges...!!

spedders

Hi guys,
I have a shared ownership flat in Preston that is half owned by me the other half by the housing association and i've been trying to sell the flat for 3 years but in this time the service charge has gone from £60 a month to £215 a month as the housing association believe that works are required in the near future to fix various issues with the block and fit new windows so i can't afford to live here any more.
The problem is that due to the excessively high service charge no one will buy it even tho everyone that comes to veiw it is keen to buy until the service charge is explained.
I've been to the LVT and they sided with the housing association so i'm stuck here.... i've even offered to sell it back to them at a cheap price or even give it to them leaving me with a £20,000 debt but they refused.I can't even walk out on the place as they said they would chase me for the service charges while the flat is empty anyway by charging my mortage company who will then pass the charges onto me....
I'm at my wits end... this is consuming my life and i feel like i'm trapped here forever..... my life is on hold...!

Has anyone any experience of this type of treatment from a landlord especially a housing association,they are supposed to help low income people are'nt they..?

Please... any surgestions on my next move would be very welcome.

thanks in advance

pinkshoes

How many flats in the block? Could you not ask for quotes for the work, then see if owners would prefer to perhaps pay a lump sum for the work? That way the charge could remain at £60/month, and you could take a loan out for the cost of the work, and still sell it.

sirmosh

Get an actual breakdown of why the service charge has increased, I believe you can challenge an increase to the service charge if there's no justification for it.

rexmedorum

I am not 'hindered' by any knowledge of how these things work, but can they more than tripple the changes in such a short time, is that even allowed? I don't think you're the only one that is in trouble because of it.

poppy10_2

rexmedorum wrote: »

can they more than tripple the changes in such a short time, is that even allowed?

They can increase it as much as they like, as long as the service charge is 'reasonable'. Reasonable is not defined in the law. If the OP has already been to the Leasehold Valuation Tribunal and they have agreed that the charges are reasonable, then there is not much the OP can do about it.

spedders

pinkshoes wrote: »

How many flats in the block? Could you not ask for quotes for the work, then see if owners would prefer to perhaps pay a lump sum for the work? That way the charge could remain at £60/month, and you could take a loan out for the cost of the work, and still sell it.

There are 8 flats in the block and 5 blocks on the scheme... they said that the work will cost £12,000 per tenant..!!
they have also been taken to court by another tenant over this but they just dragged the case on till he could'nt afford to carry on.... then tried to claim the court costs back via the tenants association.
i just want out... i'll gladly give it away to get out of here..!!

££sc££

Are the big increases in your service charges due to increase in sinking fund/provision fund contributions because of the intended works? If so (bearing in mind you've already been to LVT) you are in a really tough situation. I'm not sure of your financial circs but the only way out i can see is you paying whatever these intended works are and then selling the flat. Loan, help from family? etc. Guess it depends how desperate you are to move and on your financial circs.

When i deal with leasehold sales future major works and the cost of them is often a problem. Sometimes seller pays us a lump sum in their sinking fund for anticipated works, we then recalculate the contributions for the new lessee. Sometimes the solicitors deal with through a retainer, in case works aren't done for an age

best of luck

2sides2everystory

I sympathise. You need to be a specialist property lawyer before you buy a flat thesedays.

Have you tried reading your lease to check that the fabric of the window frames is actually the responsibility of the landlord to decide whether or not to replace? To decorate yes, but to replace? Some leases make this decision one only for the leaseholder.

Do you actually need new windows?

spedders

Thanks for the relys guys...... i'm a single mum who works in a school so my finacial situation isn't great..... but thanks for the replies... if i find a way out of this nightmare i'll post up how the miracle happened... thanks again..xxx

2sides2everystory

Some of your leaseholders ??

tom0407

Have you looked into taking over your Right to Manage? If you can get a few of the other leaseholders on board might this be an option? We used a company called Urban Owners who were very helpful.

Good luck though, I totally sympathise with you, it sounds like a horrible situation.