Can I take a housing association to the small claims court?

MiserlyMartin

Hi I've been charged over £700 for fees involved with selling a leasehold property by the housing association. I don't think that the fees apply to me because they are not mentioned in my very old lease. The previous housing association (same lease!) did not charge these fees. It seems that the current HA have applied the fees they are charging in the newer leases in a blanket manner to everyone and are trying it on in the hope nobody will object. I have tried negotiating but they will not deviate from the script!

The other thing is that even if it is legal to charge these fees despite it not being part of the lease (ie making up any charge as they go along), one could argue that they bear no relation to the HA's actual costs which must be below £100.

Can I take a housing association to the small claims court to recover the fees on the grounds that they can only charge these fees if there's a provision in the lease for them?. If so what is the maximum legal costs I would have to pay to the other side if I lost?

I want to do this not just for me, but to set a precedent for everyone else who is being ripped off.

Fosterdog

This would be better on the housing board, it's not a consumer rights issue. Plus wouldn't you be better discussing the legalities and lease terms with your conveyancer?

MiserlyMartin

Hi I posted here because its the board which has the most number of posts regarding the small claims court, so I thought someone here might know if housing is covered.

No conveyancer firm wants to get involved as it is above and beyond the normal service. To enter into separate litigation would be very costly hence my idea to use the small claims court if possible?

Fosterdog

MiserlyMartin wrote: »

Hi I posted here because its the board which has the most number of posts regarding the small claims court, so I thought someone here might know if housing is covered.

No conveyancer firm wants to get involved as it is above and beyond the normal service. To enter into separate litigation would be very costly hence my idea to use the small claims court if possible?

But this board is all claims around consumer contracts. Nobody's knowledge of consumer contracts will help with this because it is an entirely different area of law. Ask a board guide to move it to the housing board and you will get responses from people who know and understand housing law.