Social housing tenant being charged exorbitant service charges

Babaganoush50

I have been an assured tenant of a housing association since 2010. Since then my service charge has increased from £0 (actually states this on my tenancy agreement) to £3544.06 for 25/26, a 100% increase from 24/25 £1787.24. This was already unaffordable - I am a single parent and currently on Universal Credit (a new experience due to a difficult personal situation). I have realised that this high service charge takes me over the benefit cap so I am making up the shortfall from the portion of benefit allocated to us for living costs. Next years increase will make it  unmanageable to cover our basic needs. This is a street property, a house converted into 3 flats - the charges seem unjustified for our property type. If I cannot afford social housing then I do not know what other options I have left! I am on my knees here - any advice welcome.

theartfullodger

Sorry to read your story 

What do the other 2 tenancies if the property think about the charges?  Same amounts?  If you haven't already raise a complaint (in writing/email) with housing association. Usually describes how on their website.

DullGreyGuy

Service charges vary massively depending on how much common space there is, how welll the freeholder is maintaining it and what defects present. 

Our flat is about £2.5-£3k, our last one was £8.5k

What does the tenancy agreement say about the service charge and it changing over time?

Babaganoush50

Thanks for your replies - @theartfullodger I haven't yet spoken to the other tenants but as I am a 2 bed and they are both 1 bed the way all costs are calculated are that I pay a higher proportion 658 - I presume out of 1000 - so they will not be as hard hit. Plus the top floor is a couple and the other has a lodger so more than one adult income in each of the other properties whereas for me it is just me footing the costs! I have raised an investigation with the HA and yesterday wrote to my MP and Angela Rayner - I am desperate! 

Babaganoush50

@DullGreyGuy Yikes that is insane - I am so sorry. Are you a leaseholder? The tenancy says services provided and the box is blank then service charge and the box says £0.00.  I didn't pay service charge for a few years then it started getting added to my rent increase - initially just small amounts like £3 per week, but it has steadily gone up and up to where I am now. I queried it in the beginning and was told that was just that year it was £0. I am suspicious though as I have since become aware my HA are not as honest as you would assume. I saw a case on the Housing Ombudsman where someone appealed a similar situation and won - after a long fight where their HA tried to fob them off and refused to refund them all previous charges unless their tenancy agreement was amended! The tenancy agreement does mention variable service charges but am wondering if the definitive £0.00 may work in my favour - I would think more so than a blank box?? I need legal advice!

Babaganoush50

It is a converted Georgian house so it is literally the lobby as you step in and a staircase

DullGreyGuy

In the last place I was a tenant. 

It was a large mid rise development from the mid 80s, it shared some facilities with the building next door but their service charge was £3,500 so clearly most of it wasnt those. The problem was 10 lifts that were all coming up for needing major works, all windows etc were wooden framed and generally rotten and the roof had major problems too. Quote for the scaffolding for both roof and windows was over £1m 

Babaganoush50

Ouch! That is crazy. Well you are not making me feel any more positive about my future 😉 It seems there are no restrictions on service charges - I have only been researching social housing tenants - so it is a free for all for these housing associations. I cannot be the only one affected, this has to be a nationwide issue 

fullyrendered

You said an estimated service charge of £3544.06 for 25/26. Can you post the breakdown of what that is made up of? 

Then people can judge whether there is a mistake, or any element you can challenge or get help with.

You said you have an assured tenancy. Is the HA the same as when you first signed, or has it merged or been taken over by another?

Which HA is it, and what is the location of the flat?

Babaganoush50

Hi @fullyrendered - Yes same HA as when I signed my tenancy - Hyde Housing - location London SW9
Breakdown is: 

Babaganoush50

I have sent an email asking them to provide evidence that a fire alarm is even a legal requirement for a property of our size? It was fitted in 2010 and the costs were minimal in the beginning - checked annually. They now come and test it weekly, quarterly and annually. I have been reading up on fire safety and am disputing that it is even necessary in a house conversion pre building regs. 1991
Obviously the asbestos communal is a mistake as I am not a leaseholder.
Provisions is a new thing this year - basically a sinking fund - but as a tenant then what unexpected costs can their be?!
Also disputing the fire risk assessment as last one was 2023 but now we have a Hyde employee coming monthly who accesses the communal area, clomps around for 20 minutes taking photos. I understand this is a 'responsible person' which is sufficient in a property of our size to do a risk assessment? According to fire safety legislation 2005.
No clue what the electrical maintenance is - we have 3 push buttons and 4 lightbulbs 
Controlled door entry is a contractor comes and rings the doorbell to check that it is working! As I told them, if it is not working I will report it!
We have no grounds maintenance, I have maintained the front garden since I moved in and my portion of the back garden.