Landlord implementing service charge on long term tenant where previously none existed

[Winnie Wotsit]

Not sure if anyone can help with this.

 

A long time HA tenant with an assured tenancy who currently enjoys no service charge has just been told by their landlord that from April 2013 they will be introducing a service charge.

 

Would this be classed as a change to the tenants agreement and therefore both party's have to agree, or could provision have been built into the tenancy agreement to introduce such a charge when the landlord felt it was necessary ?

 

Thanks for taking the time to read the post

[45002]

Not sure if anyone can help with this.

 

A long time HA tenant with an assured tenancy who currently enjoys no service charge has just been told by their landlord that from April 2013 they will be introducing a service charge.

 

Would this be classed as a change to the tenants agreement and therefore both party's have to agree, or could provision have been built into the tenancy agreement to introduce such a charge when the landlord felt it was necessary ?

 

Thanks for taking the time to read the post

 

Hello Winnie Wotsit

 

Assured tenant !

 

Simple answer is if there was No service charge when the tenancy 1st started,LL cannot bring one in now.

 

Out of interest when did the tenancy start,date moved in ?

Edited January 31, 2013 by 45002

[Winnie Wotsit]

Hello Winnie Wotsit

 

Assured tenant !

 

Simple answer is if there was No service charge when the tenancy 1st started,LL cannot bring one in now.

 

Out of interest when did the tenancy start,date moved in ?

 

Thank you very much for replying.

 

They moved into their home in early 2004. I have looked through the tenancy agreement and there is a vague clause saying the HA can cease services at anytime and then goes on to say "...or it may provide additional services if the association considers it desirable to do so" inferring the HA can introduce a service - albeit an additional service. Which I interpret as , if there is no service in the first place, how can an additional one be made ?

 

If there a statute law reference they could quote to dispute the charge ?

 

 

Many thanks.

[45002]

Thank you very much for replying.

 

They moved into their home in early 2004. I have looked through the tenancy agreement and there is a vague clause saying the HA can cease services at anytime and then goes on to say "...or it may provide additional services if the association considers it desirable to do so" inferring the HA can introduce a service - albeit an additional service. Which I interpret as , if there is no service in the first place, how can an additional one be made ?

 

If there a statute law reference they could quote to dispute the charge ?

 

 

Many thanks.

 

If they moved in 2004 it's not going to be a Assured tenancy http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_tenancies

 

you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice saying that you have an assured shorthold tenancy.

Tenancy grant after 27 February 1997 are going to be AST or what ever HA use http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

 

And could bring in a service charge ?

 

You need to ring Shelter or CAB during office hours and ask there advice

Edited January 31, 2013 by 45002

[stu007]

Hi

 

Interesting one but what I would do is write to the Housing Association concerned about the proposed Service Charge.

 

1. What is the Service Charge for?

2. Under what part of the Tenancy Argeement are these charges?

3. Under what Legislation/Housing Act gives your Association the authority to introduce this charge and to be provided copies?

4. What Consultation has taken place before introducing this Service Charge.

5. For those Tenants in receipt of Housing Benefit how will this Service Charge impact those Tenants?

[Winnie Wotsit]

Hi, I just checked and its a assured non shorthold tenancy.

[Winnie Wotsit]

You need to ring Shelter or CAB during office hours and ask there advice, ...

They called Shelter, but they were unable to help and passed them onto CLS, who were also unable to help. CAB said they're too busy to help.

 

 

Hi

 

Interesting one but what I would do is write to the Housing Association concerned about the proposed Service Charge.

 

1. What is the Service Charge for?

2. Under what part of the Tenancy Argeement are these charges?

3. Under what Legislation/Housing Act gives your Association the authority to introduce this charge and to be provided copies?

4. What Consultation has taken place before introducing this Service Charge.

5. For those Tenants in receipt of Housing Benefit how will this Service Charge impact those Tenants?

 

On checking back with them. The HA tried the same thing with the tenant back in 2008. The letter the HA sent in 2008 stated they tenant had to agree to the service charge. In that instance the tenant refused and the service charge was dropped. In this present letter, the HA as stated they have the right to include a service charge.

 

Ok, the charge is for communal gardening and maintenance of their front garden. However, they don't have a communal garden and have always looked after their own garden (its stated as their responsibility in the TA ) . They have properties about 10 miles away that do indeed have communal gardens, but the property in question only as a fenced front garden that the HA have for a long time agreed will be the tenants responsibility. It appears they are claiming the communal area to be the public highway outside their home and collecting littler once a month is deemed looking after the communal areas !

 

More concerning is the HA claim HB will pay the service charge. A: I don't think they will and B: The assumption people don't return to work and pay their own rent is not exactly what I would expect from an organisation.

[45002]

I would advise to ring theses people then

 

https://www.gov.uk/legal-aid/how-to-claim

 

Community Legal Advice

Online advice

Telephone: 0845 345 4 345

Minicom: 0845 609 6677

Monday to Friday, 9am to 8pm

Saturday, 9am to 12:30pm

 

For people on benefits and low income

[Winnie Wotsit]

I would advise to ring theses people then

 

https://www.gov.uk/legal-aid/how-to-claim

 

 

 

For people on benefits and low income

 

 

Yes, it was the CLS they called this morning who were unable to help.

[stu007]

Hi

 

The Housing Association is correct to a certain extent that Housing Benefit will pay the Service Charge but certain Service Charges HB will not pay and that needs to be clarified with HB Dept of local authority concerned.

 

Also they are fully entitled to write to Housing Association and ask for a complete breakdown of what the Service Charge is for and when were the Tenants consulted on this.

 

Good practice would have been for the Housing Association to have Consulted the Tenants affected by this Service Charge so any questions etc could have been answered and the reasons for its introduction.

 

So did the Housing Association carryout a Consultation at all?

[Winnie Wotsit]

Hi

 

So did the Housing Association carryout a Consultation at all?

 

The carried out a survey six months ago regarding garden maintenance. The tenant in this case never completed the survey because A: they already received a letter* from the HA in 2008 saying they had dropped the service, and B: They assumed the survey was for the other estate that did use these services. However, if the survey was a consultation, they never mentioned costs, what was on offer, alternative etc (I've just had site of the survey). It 'appears' to fall short of the framework laid out for this process.

 

 

I'm assuming from the replys that this is not a simple case of a TA already in place that cannot be changed, but rather a long protracted case that might end up with the ombudsman ?

 

* When the tenants previously went through the same problem in 2008, the letter the HA sent stated they, (the HA) had to have the tenants permission to apply the charge (could possibly be a mistake the HA made). When it was challenged, the tenant received a detailed letter from the HA saying the service charge would be removed, and implied the HA would carry on paying for the service.

Now, the area in question is one road containing twelve properties (not sure what the other residents are doing). There is no communal area, only a public road and public footpath. The tenant has an agreement in place with the HA to maintain their own garden. So how the HA can justify this charge in this particular area is beyond me.

 

On checking that HB will pay for a 'communal charge', I found this :

 

Under the Housing BenefitGuide, Housing benefit would not see this has eligible rent under section4.700, 4.701, 4.720 & 4.721 of the housing benefit guidance manual Part A,A4, Eligible Rent. Amendment 14 December 2007.

 

 

Further to this, it also contravenes Housing Benefit Regulations 2006, Part 3 – Payments in respect of a dwelling. Page 24

This was based on the property not having any communal facilitys.