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Shared Ownership Rent / Service Charge - HELP!!!

Hello all,

In particular MSE Martin!!! Do you know much about the above!?

Myself and the girl who lives downstairs to me in our apartmnet block are currently writing a letter of complaint to our housing association RE our rent and service charge costs.

Initially our complaint was because the cleaning/gardening has not been performed hardly at all in 7 months -and we are paying for this service!!!

However we have recently compared our rent/service charge to others on their website and we are paying way over the odds!

Our 55% share at £55,000 costs us £160 month rent and yet other examples on their website for houses/apartments for £67,500 to 75,000 are paying rents similar to ours - give or take £5-10!!! It states rents are based on the loan they have to take out to cover the cost of the portion they own, so how can their be this vast difference and DO WE HAVE A RIGHT TO CHALLENGE THIS????

We do know we have a right to challenge our service charge at a Leaseholder Valuation Tribunal - as again we seem to be paying £20 a month more than a similar apartment block from this housing association. WILL THIS COST US TO DO????

And finally, if we were to get anywhere with them on reducing the rent/service charge - can we claim our money back on the payments we currently have already made!!!!!???

Thanks for any advice

Amanda

Comments

  • CFC
    CFC Posts: 3,119 Forumite


    <H2>What problems can the LVT help with?

    Most disputes between leaseholders and freeholders can be taken to an LVT. This might include disagreements about:
      <LI class=bullet>insuring the building <LI class=bullet>how much you have to pay in service charges <LI class=bullet>the quality of services provided <LI class=bullet>how much you have to pay to extend your lease
    • how much you have to pay to buy the freehold of your building
    LVTs can decide whether the amount you have to pay for services or repairs is 'reasonable'. This won't necessarily be the price you were hoping for, but can often be less than the freeholder has asked for.

    The LVT can't usually force the freeholder to refund any money you have already paid, or order her/him to pay your legal costs.

    If you have problems like these you may need to go to court instead, so get professional advice.
    If your building is being managed very badly, you can ask the LVT to appoint a manager. The freeholder would still own the property, but would lose the right to manage it. S/he may also lose the right to collect ground rent.
    If what your lease says about maintenance, repairs, insurance or service charges is unclear or unfair, the LVT may be able to change it
    </H2>How much will it cost?

    Application fees vary from £300 to £500. If you win, the LVT may be able to order the freeholder to refund this. If you (or your partner) are on benefits, you may get a discount or may not have to pay any fees at all. If the problem affects more than one leaseholder, you can apply together and share the costs.
    However, you may have to pay a surveyor, property manager and/or a solicitor. You can't usually claim these back. Some freeholders try to include her/his legal costs in future service charges. Check your lease to see if it says s/he can do this. If it does, ask the LVT to make an order preventing her/him from doing so.
  • Thanks

    Anyone else hav anymore advice?
This discussion has been closed.
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