Communal flat problems in supported living

bargainbunny

Hi Im after some advice, my friend is in a supported living flat
and has just found out that for the last 2 yrs he was meant to pay 68p each week for his share of the tv licence in the supposed communal flat..this is a block of 6 flats 5 with separate non related tenants and the last one top of building..staff occupied sleep over/area and office. No tenants are able to access this "communal" flat except my friend who is not physically disabled..but was never told of this being a communal flat an certainly has never watched tv in there and has paid for his own licence in his flat.
As soon as he was told of this charge I went through his paperwork an saw the charge listed as other so not covered by HB and meant to be covered by him.. so his PA who does his finances did not pick up on this for the last 2 yrs and the housing company did not ask him why no payments had been received. We had a meeting with the landlord and the team leader who carry out the support side as well as his care manager.. the team leader said he had been invited to Christmas dinner etc so said it was a communal flat but he did'nt need a key..despite this being in his tenancy agreement . The care manager said he should not be charged for the tv licence as there was no mention of it when he signed the tenancy and he had his own. The housing company then emailed to say that if he signed a new tenancy they would wave the charge and arrears. However since then staff and the team leader are saying because he wont pay the 68p then he has to have no access to the top flat and any support ie for computers or letter writing/forms and phone calls/meetings now have to be from his flat. He was only disputing the tv charge as he knew nothing of it. So any advise be great as he currently has not signed a new tenancy and he has said he will pay the 68p from when he found out. Also the team leader said when he asked if the time for garden access can be longer in the summer that "he shouldnt really sit on the garden furniture as he didnt pay towards it" despite him offering last summer..they declined. Seems like team leader is being petty now.. any advice?

bargainbunny

Hi xxxx,
For some reason HB are not paying your full rent.
They are not paying the 68p that covers your share of the communal TV licence in flat .
You are £71.32 in arrears but don’t worry yourself over this, you can set up a standing order if you want to.
You can either pay the whole amount off or set up a standing order which covers the 68p a week. For example if you set up a standing order for £2 per week this would cover your 68p and pay a small amount off your arrears.
The statement you have just received is your quarterly statement, you can request one from me at any time otherwise they will be sent out every three months.
I can explain in detail when I see you next week.
.......
Then this after the meeting...

I have spoken to my boss about the contribution to the communal flat which you are not happy about paying, he has said that if I am too take the charges off then you would need to sign a new tenancy as the one you have now has in it about the use of the communal flat.

If you are not happy to sign the new tenancy then I am afraid you will be eligible to pay the charges and if you didn’t and accrued arrears could be served notice.

bargainbunny

Can anyone offer any advice on this as he is really anxious about this now an feels kinda bullied?

marliepanda

Does his tenancy agreement mention the charge for the license in the communal flat? You seem to say yes and no.

Is this a flat that the people who live there can use whilst with a support worker? So for example the support worker is up there 24 hours a day, possibly sleeping etc, but if needed a resident could come up and watch TV with the support worker?

It seems as though this is a charge for a feature of the communal flat, which is mostly for the support workers, who are there to 'support' your friend. They of course will not be expected to sit in an empty box doing nothing whilst not needed to 'support' anyone at that particular time. If he is not willing to pay for the 'support' element, then of course he will lose access to the 'support' features.

AnnieO1234

This is fairly straight forward from what you've said, if the lease stipulates the charge then it is due. If it states it is solely for the tv license and nothing else, then they have no right to attempt to block his usage of communal facilities.

X

bargainbunny

Hi no mention of tv licence was in the tenancy.. but the wording *use of communal flat * was..however he only used that to do the weeks rota and some paperwork.. staff are on for all tenants through the day and most are taken out or given care in there own flats..not in communal flat. One staff member sleep-in from 10pm-10am shift.
It was only recently when a underpayment was noticed that it was noted for his share of tv licence in communal flat.. he has his own licence in his flat though.
The new tenancy is vague but excludes any use of communal flat wording. The communal flat is basically a staff room with seperate office with sofa bed.. and occasional he had his support in there..as he needs support with forms/benefits budgeting and applying for courses etc..now they are saying he is not allowed up there as he dont pay the 68p for the licence..

bargainbunny

AnnieO1234 wrote: »

This is fairly straight forward from what you've said, if the lease stipulates the charge then it is due. If it states it is solely for the tv license and nothing else, then they have no right to attempt to block his usage of communal facilities.

X

old lease does say service charges are payable but does not say what for..it states the same on new tenancy so have asked for clarification but no reply from them.

AnnieO1234

Could you post a copy of the lease on here with the address etc redacted? Or email me a copy to review?

Does your friend have a keyworker or social worker?

Xxx

bargainbunny

AnnieO1234 wrote: »

Could you post a copy of the lease on here with the address etc redacted? Or email me a copy to review?

Does your friend have a keyworker or social worker?

Xxx

sorry its 18 pages i can copy the writing text if there was a certain bit you mean?
He has a care manager but she encourages him to talk to the team leader..but its just going round in circles

old tenancy has this on front page..
Assured non-shorthold tenancy agreement for self-contained housing

new one
Assured non-shorthold tenancy agreement for shared housing

poppysarah

You said something about this tenancy also saying he should have a key for this other flat?

Well it's either he's paying this 68p a week AND has a key to the flat or neither.

They can't pick and chose which bits they want to obey.

bargainbunny

Use of flat 28
Flat 28 of the building forms part of the common areas of the building and you must not use it in such a manner as will cause a nuisance or annoyance to other residents of the building.
You must not stay overnight in Flat 28 not allow other people to stay overnight in flat except for your support worker.
You have the right to use Flat 28 in common with the other residents of the building and we will give you a key to Flat 28.
Your obligations in this tenancy agreement apply to the communal flat as well

Above was in old tenancy.. but not in new one..which he has not signed yet
also he did not know about the 68p charge..even if it was written down..noone actually told him or set up payment plan for it..and even after 2 yrs not paying it they said nothing.