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An enquiry to the Rent Assessment Committee has led to a tribunal against my wishes..

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Comments

  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    edited 12 May 2013 at 3:37PM
    HellenMellon has posted Today over on CAG in Residential and Commercial lettings/Freehold issues
    Its an assured non-shorthold tenacy, moved in 2004.
    and is asking about service charges
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Does anyone know what a RAP 5 form what ever it is ?

    and have a link to it ...


    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In the meantime, I negotiated with my landlord and reached an amicable solution.
    I’ve just spent three months battling with them.


    Perhaps the HA feel that a tribunal is the appropriate manner to resolve all the issues. Hence their reluctance now to speak to you.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    No its resolved. The LL sent a letter confiming the removal of the service charge and my rent is back at the new level set for April 2013.

    So when did this letter arrive !
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    First week in May. There was three in all that were sent a few days apart. Each dealt with specific admin aspects.

    Oh well, time will tell. At least I'm a bit forewarned of possible events and outcomes, and that after all is all you can seek in the way of advice when the shop is closed (so to speak).

    I have to thank all of you for replying, Im sure there are better things to do on a Sunday, but I do appreciate the advice and help.

    Many thanks :)

    time will tell. :j
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why have you not WRITTEN TO the RAC and said

    "Hi I told you not too proceed and you said ok-all in writing. KINDLY CANCEL THE hearing."
    and include copies of all correspondance.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    45002 wrote: »
    Does anyone know what a RAP 5 form what ever it is ?

    and have a link to it ...


    No.

    There are various RPT (residential Property Tribunal) forms here,

    and there's LVT5 here (Lease Variation).

    Also
    Application for a determination of liability to pay service charges
    (LVT4)

    RAP? :question:
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    edited 12 May 2013 at 9:58PM
    Thanks G_M

    I already knew about the link you showed.

    Just wanted to see what the OP would post and had actually filled in,if anything ?
    Thats the reason this started with the RAC. They requested I submit the RAP 5 so they could see if it could be dealt with under the LVT or RAC. As it was not a 99 year lease (bearing in mind I was disputing a service charge and not the rent) they decided it would come under the RAC.

    Shelter advised me not to go down the RAC route so I asked that any proceedings be halted whilst I engaged with my landlord.That should have said...persisted in trying to get my LL to talk to us !

    So give us a link then on what you actually filled in then ?
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • propertyman
    propertyman Posts: 2,922 Forumite
    Your rent is controlled under a statutory code set in 2002 where the increase is subject to CPI with a cap on that, so the RPTS has no jurisdiction.

    Where they may have jurisdiction is over the amount of service charge if it is reserved as rent.

    Rather than get into the complexities of that I suggest you follow my earlier advice and press them on why they are proceeding where the parties have agreed.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
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