Ex housing association property liable for service charges?

LittleMax

lost_in_translation wrote: »

We don't - it's a house. I was just pointing out that akthough there are flats on the development/estate they do not have any common parts that would incur contributions towards the service charges.

Oh - I understand, sorry. But you should not be paying for the common parts of the flats - that should be covered by the flat leaseholders - they should pay for different things than the freeholders.

Although you have been asking for information on the service charge calculations and sinking fund, have you done this formally in writing? I cannot see that they can refuse to provide this.

If you have not already done so I would write to them asking for

1. A copy of the deed of covenant and any other documentation that they have to show that you are liable for service fees.

2. A breakdown of the service fees for the last 8 years (or however many years since you have been in the property).

3. A copy of their policy and procedures relating to service fees and sinking funds for leaseholders and freeholders.

This should then give you what you need to try to put together a case for challenging the charges.

lost_in_translation_2

LittleMax wrote: »

Oh - I understand, sorry. But you should not be paying for the common parts of the flats - that should be covered by the flat leaseholders - they should pay for different things than the freeholders.

Although you have been asking for information on the service charge calculations and sinking fund, have you done this formally in writing? I cannot see that they can refuse to provide this.

If you have not already done so I would write to them asking for

1. A copy of the deed of covenant and any other documentation that they have to show that you are liable for service fees.

2. A breakdown of the service fees for the last 8 years (or however many years since you have been in the property).

3. A copy of their policy and procedures relating to service fees and sinking funds for leaseholders and freeholders.

This should then give you what you need to try to put together a case for challenging the charges.

Thanks. A couple of people at the HA have suggested to me that although we are freeholders we may have to contribute towards 'common areas'but none of them seem to deal with freeholders usually and it never seemed right to me. I have been asking for number 2 since October with no joy, and yes I have requested it in writing and made complaints using their complaints procedure - apparently they have taken it upon themselves to lie and say I agreed I was happy and willing to close the complaint in December! I have a copy of the deed of covenant now but a good idea to see what they hold. And fantastic suggestion to ask for service charge and sinking fund policies and procedures, I shall do that.

I have finally been put in touch with a service charges manager (only taken 5 months to discover they have one....) and he appears to agree there are real issues so hopefully I'm finally getting somewhere.

Mokka

If you are paying variable service charge you have the same rights as leaseholders to obtaining information regarding these. You can ask for breakdown of these charges and even the invoices and supporting information proving that they were correctly incurred.

Check out some leaseholder advice guides about how to do this:
http://www.lease-advice.org
http://www.servicechargedisputeguide.info/

Restrictive covenants might be to do with Right to Buy, especially if this was exercised less than 10 years ago.

RTB property has to be offered first to the HA and only if they confirm they do not want to buy you can offer it on the free market- this is only for the first 10 years after the RTB has been exercised.

If there are other restrictive convenants I would worry- what if you can only sell it to people from the area?

lost_in_translation_2

Mokka wrote: »

If you are paying variable service charge you have the same rights as leaseholders to obtaining information regarding these. You can ask for breakdown of these charges and even the invoices and supporting information proving that they were correctly incurred.

Check out some leaseholder advice guides about how to do this:
http://www.lease-advice.org
http://www.servicechargedisputeguide.info/

Restrictive covenants might be to do with Right to Buy, especially if this was exercised less than 10 years ago.

RTB property has to be offered first to the HA and only if they confirm they do not want to buy you can offer it on the free market- this is only for the first 10 years after the RTB has been exercised.

If there are other restrictive convenants I would worry- what if you can only sell it to people from the area?

Thanks for the links - I'll check them out. That's what I've been requesting from the HA since October but all they've done so far is ignore me, so it's great to know I have a legal right to such information. My new contact at the HA is agreeing that there are real issues with our service charges so hopefully we are now getting somewhere.... I won't hokd my breath though and knowing where I stand legally helps if I have to fight this further.

The house was bought via a RTB, but not by us and it was in 2000, so well over 10 years ago. The restrictive covenants predominantly deal with the service charges (we managed to get hold of a copy of the deed of transfer) but also state that we can't put a caravan or boat on the property or keep any animals other than usual domestic pets. Nothing about who we can sell to etc, thank god!

Mokka

lost_in_translation wrote: »

The restrictive covenants predominantly deal with the service charges (we managed to get hold of a copy of the deed of transfer) but also state that we can't put a caravan or boat on the property or keep any animals other than usual domestic pets. Nothing about who we can sell to etc, thank god!

What a shame. Not even a tiny weeny pot bellied piglet? What if you feel like getting a pony?

If your HA gets very stubborn there is one more thing you could do: join a local residents' association. The association will have the right to appoint a surveyor, who can inspect the HAs accounts. This would of course cost, so usually only worth doing when there are others to share the costs and the contested costs are substantial.

Refusing information about service charge is a criminal offence, but social landlords are exempt from prosecution, so this statutory provision is pretty much useless.

It is important to keep asserting in writing that you do not admit liability for these service charges, as if you don't do this, after a while the courts will take such inaction to mean that you've admitted liability.