Apartment with sitting tenant

Pixie5740

If you know it all already why are you keeping this thread running? Especially since, according to your other thread on the Savings & Investments board, you are dissatisfied with  advice given on this thread. 

eddddy

young_investor_2021 said:

I think maybe you didn’t read about fixed service charges. Have a look at 

https://ovh.org.uk/understanding-service-charges/

”Fixed and variable service charges

Your tenancy agreement confirms if your service charge is fixed or variable.

  You're quoting a housing association - and they're talking about "tenancies". Your questions are about leasehold properties.

young_investor_2021 said:

I also recommend reading the Service charge section from lease-advice.org:

“ Some old leases still allow a fixed charge to be charged, regardless of the actual costs to the landlord.”

You say that even in this case the landlord credits the difference. However in the websites I’ve suggested it’s not obvious this is always the case.

It's possible that some very old leases used to work like that (maybe from100+ years ago). But that's not really workable any more.

So the freeholder would have almost certainly applied to a tribunal to vary the lease (under Part 4 Section 35 of the Landlord and Tenant Act 1987)

See: https://www.lease-advice.org/faq/in-what-circumstances-can-i-apply-to-the-first-tier-tribunal-property-chamber-to-vary-my-lease/

young_investor_2021

eddddy said:

young_investor_2021 said:

I think maybe you didn’t read about fixed service charges. Have a look at 

https://ovh.org.uk/understanding-service-charges/

”Fixed and variable service charges

Your tenancy agreement confirms if your service charge is fixed or variable.

  You're quoting a housing association - and they're talking about "tenancies". Your questions are about leasehold properties.

young_investor_2021 said:

I also recommend reading the Service charge section from lease-advice.org:

“ Some old leases still allow a fixed charge to be charged, regardless of the actual costs to the landlord.”

You say that even in this case the landlord credits the difference. However in the websites I’ve suggested it’s not obvious this is always the case.

It's possible that some very old leases used to work like that (maybe from100+ years ago). But that's not really workable any more.

So the freeholder would have almost certainly applied to a tribunal to vary the lease (under Part 4 Section 35 of the Landlord and Tenant Act 1987)

See: https://www.lease-advice.org/faq/in-what-circumstances-can-i-apply-to-the-first-tier-tribunal-property-chamber-to-vary-my-lease/

They are talking about tenancies because as a flat leaseholder you pay ground rent, and thus you are a tenant to the freeholder. The page I cited is underneath the section on buying a leasehold flat: https://ovh.org.uk/customer-support/#leaseholder

It may not be the best citation, but my point is I didn’t make this up. It’s possible most (if not all) leasehold agreements are based on variable rent, but until I can be 100% sure it’s worth asking, or checking myself.

young_investor_2021

Pixie5740 said:

If you know it all already why are you keeping this thread running? Especially since, according to your other thread on the Savings & Investments board, you are dissatisfied with  advice given on this thread. 

I never said I knew it all. I am keeping the thread to ask for opinions and advice, and debate where it is the case, because it’s questioning and debating that leads to progress in knowledge. Before chatting with eddddy I didn’t know how variable service charges work for example.