Over charged service charge

[paul2012uk]

Hi hopefully I can get some advice .

My housing association /landlord as been over charging me for the past six years .

Even after being made aware they were overcharging me 4 years ago they still charge it and have even increased the charge.

I live in a house and they are charging me block service charge rate .

It's not just me this is being done to all the houses in my street and the surrounding streets owned by my housing are being over charged .yet they have not told any of the tenants they are being overcharged.

I was told that it's taking so long due to the amount of people owed money.

It could run into hundred of thousands .

I have been trying for four years to get this money from them and now they say they will only back date it six years .

Any help on this would be grateful

[honeybee13]

Hello there.

 

Our residential lettings forum guys should be able to advise you on this. I'll move your thread and leave you a short term redirect to follow from this forum.

 

HB

[andydd]

Is this a leasehold property ?

 

Or are you a tenant of a rented property ?

 

If leasehold then how do you know you are being overcharged ?, could you expand on this.

 

Andy

[paul2012uk]

Hi thanks it's with a housing trust .

I had a break down of the service charge 4 years ago and I am being charged for services I don't get I am charged for a block when I live in a semi detached house .charged for lighting ,block cleaning .they know I am being over charged and keep saying the money will be refunded.none of my neighbours are aware of the overcharge and have not been informed by the housing trust .its been 4 years now since I started trying to get this sorted .

Thanks paul .

[andydd]

Not sure you answered my question.

[Conniff]

How about knocking on other doors and seeing if they are aware of it, you would then have strength in numbers.

[stu007]

Hi

 

Do you have a Residents/Tenants Group if so I would write to the chair of this group to raise the issue to get them involved.

 

You need to to make this as an Official Complaint in writing to the HA and ask for the following:

 

1. Copy of the Complaints Procedure.

2. Copy of the Rent and Service Charges Policy.

3. Copies of your Rent Statements from XX/XX/XXXX (Insert date) to date.

4. Copies of your Service Charges from XX/XX/XXXX (Insert date) to date.

5. Copies of Customer Service Standards.

6. A Complete breakdown of what the Service Charge on your property is for.

 

 

 

4.

[andydd]

What is the contractual position tyhat allows them to charge a service charge ?. In a leasehold flat for example it would be the lease that spells out how much, hoiw its split, etc. in that case you can ask an FTT (Firt Tier Tribunal) to judicate if its payable or reasonable in amount, as you are renting i assume,. I dont think that applies.

[paul2012uk]

We are tenants in a council/housing trust property. It is assessed yearly and each year since we have informed them of the mistake which they agreed 4 years ago, they have said they will include the correct service charge, however they have still not done this and have said it is an over sight as it dealt with by another department. We are wondering if there is a reason for them stalling e.g. Time limit or something similar. Thank you

[stu007]

Hi

 

What you need to do is make a Formal Complaint and ask for what I mentioned in Post#7 to the Housing Trust, you need to exhaust their Complaints Procedure.

 

Also enclose copies of their letter agreeing to the mistake and the action they would take

 

Which Housing Trust?

Edited October 23, 2014 by stu007

[mariner51]

Assume there is. Most debts are not recoverable after 6 yrs, so make a Formal Complaint asap.

[andydd]

In some housing cases the limit is 12 years, this is only when using deeds and leases I believe.

 

I however used Section 32 of Limitation Act to claim back overpayments of ground rent going back further than 6 or 12 years, (about 14), as S32 deals with "fraud, concealment or mistake', I overpaid £45 a year for many years and eventually got it all back plus 8% interest which came to over a grand. This may apply in this case.