Unfair Service Charges ?

[llywelyn8]

I might be in the wrong section but, can I ask someone a question about Service Charges? I live in a private comples built around a courtyard. There are 15 appartments and three houses, built in a terrace. I, and two neighbours, have a front and back door. We all pay a service charge of around £1,000 pa. All the other apartments have their corridors painted annually and their hallways cleaned by outside contractors to keep the place looking good for the owners to rent out. When it was pointed out that we three were not getting any benefit from this we were told that the service charges were the same for all as this was the way the charges were set up by the solicitors and couldn't be changed. My question is, is this fair?

[PlanB]

Re: Service charges

When it was pointed out that we three were not getting any benefit from this we were told that the service charges were the same for all as this was the way the charges were set up by the solicitors and couldn't be changed. My question is, is this fair?

The question is not "is it fair" but is it reasonable because that is what the Leasehold Valuation Tribunal will look at if you make a complaint (they are a bit like the Ombudsman) and they have the legal power to change service charges and can override the solicitor's contract

http://www.justice.gov.uk/tribunals/...erty#leasehold

The service charges are set by the Freeholder and exactly what can and can't be claimed from you will be spelt out in the lease. These will always relate to repairs and maintenance but not *improvements or betterment*. So if the windows need fixing you will be charged your share of the remedial work. But if the Freeholder wants to upgrade and replace them for new fancy double-glazed ones then you have the right to challenge this by referring your complaint to the LVT. You may be getting charged for things which don't qualify under your lease, or you may not be having work done to which you're entitled such as having your corridor painted

Likewise luxuries such as cleaners, hall porters and entry phones unless they are clearly recoverable through the terms of your lease. There's a good Q & A page on the (Government backed) Lease Advisory Service website for all this and an explanation of your rights. They have a telephone helpline too which is biased towards lessees I'm pleased to say

http://www.lease-advice.org/informat...ServiceCharges

http://www.lease-advice.org/publicat....asp?item=14#2

But I'm not sure whether you own one of the 3 houses which you mentioned in which case you will be the Freeholder and you may have entered into a legally binding private contract with the Management Company to provide services for the complex and not a Freeholder. Neverthless these must be reasonable and you can still challenge them.

Alas it's true that genuine service charges are payable whether you benefit personally or not such as the roof when you live in the basement, or basement damp issues when you live in the penthouse. I have a flat with it's own entrance and I don't even have the key to the main house door, but I've still had to pay £4k recently towards the complete redecoration of the hall and new deep pile carpet up a five story staircase, and my tenant will never benefit from this and neither will I

[llywelyn8]

Re: Unfair Service Charges ?

Thank you, Flowerpower and PlanB, for your input. Very much appreciated.

[The Tech Clerk]

Re: Unfair Service Charges ?

Thank you, Flowerpower and PlanB, for your input. Very much appreciated.

We are lucky on this site to have PlanB & Flowerpower who have vast knowledge in these areas.