Social housing tenant being charged exorbitant service charges

user1977

If you've only ever had an assured tenancy (and that stated you didn't pay a service charge) then I can't see why you would have become liable? It looks like they are treating you as a leaseholder i.e. somebody who has bought the flat from the housing association. The first item on the statement even says it applies to leaseholders only (I'm not sure that the others don't too).

Babaganoush50

I will try and add the relevant part of my tenancy - it won't attach for some reason. It does state in the conditions that service charge can be variable but I am wondering if because it specifies £0 if it can be argued that it does not apply to me? Would love nothing more than winning my case on a technicality 😊

Babaganoush50

Although I know that other tenants are also being charged for fire alarm testing. The info regarding the 'provisions' states that for tenants it covers - cyclical decoration, lift replacement, communal/estate lighting, fire alarms, door entry systems, trees and estate works and all mechanical and electrical works - so they are holding tenants liable for all those costs. Leaseholders are also liable for all these same costs plus structural works

HampshireH

Babaganoush50 said:

Although I know that other tenants are also being charged for fire alarm testing. The info regarding the 'provisions' states that for tenants it covers - cyclical decoration, lift replacement, communal/estate lighting, fire alarms, door entry systems, trees and estate works and all mechanical and electrical works - so they are holding tenants liable for all those costs. Leaseholders are also liable for all these same costs plus structural works

Sounds like some errors and duplication. Those in bold look like they are being charged as an item AND then in provisions if that's what provisions covers.

Speak to a neighbour and ask what their statement shows. This will be the cleanest indication of whether they have written to you incorrectly as a leaseholder

In terms of your tenancy. Most tenancies will have a clause in them allowing for a service charges to be implemented for certain things. It would be very unusual not to, as at the time a tenancy was issued they wouldn't know and may not have foreseen what requirements there are 15 years later

Babaganoush50

You would think so but I’m pretty certain the provisions are for predicted costs in the future. I have been paying fire contract for the last 4 years and each year it goes up by around £500

Babaganoush50

Yes the tenancy does mention service charge being variable and sinking funds

Babaganoush50

Wish I could attach this picture of my agreement stating £0 but it keeps saying it is '9 characters too short'

Babaganoush50

Tenancy agreement 

DullGreyGuy

It states the rates shown are as at the date of contract, it in itself doesn't promise it will always be so. 

There should be another section that talks about changes in costs such as rent and service charges

Babaganoush50

But there is this…