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Shared ownership, endless further charges being billed

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I would be grateful for any advice on the issues i am having with HYDE martlet at present. We have a shared ownership apartment in surrey and a leaseholder of 35% purchased 5 yrs ago. In the last two years we are getting invoices from the housing assoc for deficit payments and it is just getting ridiculous now. advice please

 

1. in oct 2011 we were invoiced for £503 for a service charge deficit for 2010/11. This was a 95% deficit ! They gave us 28 days to pay which we did. Our service charge is only about £500 for the year and so was an awful lot of money

 

2. In Oct 2012 we were invoiced for £133 for a service charge deficit for 2011/12. I have not paid this yet

 

3. Today we have received a landlords estimate for communal decoration which totals £100k which our personal share is £750 approx. This is for painting exterior and internal areas. The actual invoice will be sent once the work is complete. We were written to in march this year advising that we had 5 days to reply for comments on proposed future works but the letter arrived 3 days after the deadline. I called Hyde today to ask if we are liable for the whole £750 as surely there is a sinking fund etc and it is part of our service charge and the person i spoke to was unsure of how much i would be billed exactly.

 

4. Our boiler has a concealed flue and so it needs a new hatch panel installed. Hyde say it is our responsibility as boilers not covered. Some people seem to have theirs done by hyde, some get the response i got

 

All in all i just feel sick for ever getting into shared ownership

 

any advice appreciated especially on point 3

Are we liable for communal areas decoration which was sent for tender - surely service charge is for decoration somewhat?

 

thank you

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Hello,

 

I may be able to help a bit. I used to own a shared ownership flat and recognise the experiences you describe. This is the first time I have posted a response, so please forgive me if I make a mistake in the posting process.

 

If you are a long leaseholder ie 99 or 125 yrs then the landlord and Tenant Act 1985 and the Commonhold and Leasehold Reform Act apply. In terms of major works of over £250 the landlord/freeholder has to serve on the leaseholder a valid 's20 notice' informing you of your rights in relation to the works, allowing you to inspect 3 quotes and allowing you to make representations. This gives you 28 days in which to do so. It sounds like this has not happened here, in which case if they go ahead with the work you are not liable to pay for it.

 

Google the Leasehold Advisory Service website - they have a section detailing detailing the s20 procedures and you can also contact them for advice - they are a free service. (I can't post the link direct, as this is my first posting). They should also be able to help with your other issues.

 

I hope this helps.

 

Best of luck.

 

Artemis.

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Thank you for coming back to me. Yes they did serve a S20 notice 3 weeks ago detailing that we could inspect 2 tender quotes. They had asked for 3 but only 2 received and they have decided to take one of them. They then said work will commence in 30 days time and invoices due after (28 days to pay after receipt)

 

 

 

Hello,

 

I may be able to help a bit. I used to own a shared ownership flat and recognise the experiences you describe. This is the first time I have posted a response, so please forgive me if I make a mistake in the posting process.

 

If you are a long leaseholder ie 99 or 125 yrs then the landlord and Tenant Act 1985 and the Commonhold and Leasehold Reform Act apply. In terms of major works of over £250 the landlord/freeholder has to serve on the leaseholder a valid 's20 notice' informing you of your rights in relation to the works, allowing you to inspect 3 quotes and allowing you to make representations. This gives you 28 days in which to do so. It sounds like this has not happened here, in which case if they go ahead with the work you are not liable to pay for it.

 

Google the Leasehold Advisory Service website - they have a section detailing detailing the s20 procedures and you can also contact them for advice - they are a free service. (I can't post the link direct, as this is my first posting). They should also be able to help with your other issues.

 

I hope this helps.

 

Best of luck.

 

Artemis.

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I know exactly the sort of thing you are on about. Our service charge includes a sinking fund. Any repairs or re decoration is taken out of that fund (If there is not enough money in teh fund then they will ask for your share of the balance). They are likely to also add on their own so called supervising charges on top of what ever the contractor quotes.

Unfortunately with shared ownership properties (Assuming they are all like mine) the leasehold is responsible for all repairs regardless of the amount share you own in it.

If like mine your block is a mixture of housing association tenants and shared owners the tenants are not responsible for repairs as they are tenants not leaseholders.

ALSO I am sure you have the right to ask for the cost to be spread in the form of a loan.

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Hi

 

Something I think needs clarifying with the Housing Association is exactly what does that £500 Service Charge cover so I would be requesting a complete breakdown of what that Service Charge covers (as it seems you are unaware what this covers how many other shared owners are in the same position, and if their is others its best to fight them as a Group rather than individually)


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