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Has anyone disputed unfair service charge through a tribunal?

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Posted 12th Oct
I am looking to dispute unfair service charge and reading on the net, it states that you can apply to the lease tribunal to review the service charge level.

Has anyone ever done this before?
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mutley112/10/2019 16:48

to get a gauge of whether it is a simple process which i could apply and …to get a gauge of whether it is a simple process which i could apply and deal with myself or whether it is too complex


I can virtually guarantee it is too complex for you. I'd stake my life on it.
maccy1i12/10/2019 17:59

Seriously, I'd hate to have such a complicated life (no joke)


I think it's a case over egging the pudding each and every time.
mutley112/10/2019 10:50

already read that, which is what i am referring to. i want to know if …already read that, which is what i am referring to. i want to know if anyone on the site has actual experience of going through the process and how easy or difficult it is. i saw adverts from solicitors who can deal with the dispute for you but don't know if it is worthwhile employing them or to do it myself.


I have actual experience of going through the process. One time it was easy, the other time it was difficult. Hope that helps - good luck.
mutley112/10/2019 16:48

it is a legal matter so i am not asking for legal advice from hukd …it is a legal matter so i am not asking for legal advice from hukd members. it needs to be dealt with through the tribunal and they will have to decide whether the service charge is unfair. probably unlikely that anyone has done this before but no harm in asking, just in case someone has had to do so, as it would good to get a gauge of whether it is a simple process which i could apply and deal with myself or whether it is too complex and that it would be advisable to employ a solicitor to deal with the dispute on my behalf.


Guarantee it's to complicated. Get legal advice

Let's wait for 1112

NEXT
29 Comments
fearona12/10/2019 10:48

https://www.lease-advice.org/advice-guide/service-charges-other-issues/Well done on 1111 bit more interesting than the last effort


already read that, which is what i am referring to. i want to know if anyone on the site has actual experience of going through the process and how easy or difficult it is. i saw adverts from solicitors who can deal with the dispute for you but don't know if it is worthwhile employing them or to do it myself.
Post the issue, then I think a certain person will be along to advise
You can’t apply to the tribunal if:

  • you’ve agreed to pay the charge
  • the dispute is already being dealt with, for example by the court
  • you pay a fixed charge

mutley112/10/2019 10:50

already read that, which is what i am referring to. i want to know if …already read that, which is what i am referring to. i want to know if anyone on the site has actual experience of going through the process and how easy or difficult it is. i saw adverts from solicitors who can deal with the dispute for you but don't know if it is worthwhile employing them or to do it myself.


I have actual experience of going through the process. One time it was easy, the other time it was difficult. Hope that helps - good luck.
Do you not think it would be helpful to let people know what the issue is if you are asking for advice.
Edited by: "jaketheplumber" 12th Oct
jaketheplumber12/10/2019 15:05

Do you not think it would be helpful to let people know what the issue is …Do you not think it would be helpful to let people know what the issue is if you are asking for advice.


it is a legal matter so i am not asking for legal advice from hukd members. it needs to be dealt with through the tribunal and they will have to decide whether the service charge is unfair. probably unlikely that anyone has done this before but no harm in asking, just in case someone has had to do so, as it would good to get a gauge of whether it is a simple process which i could apply and deal with myself or whether it is too complex and that it would be advisable to employ a solicitor to deal with the dispute on my behalf.
mutley112/10/2019 16:48

it is a legal matter so i am not asking for legal advice from hukd …it is a legal matter so i am not asking for legal advice from hukd members. it needs to be dealt with through the tribunal and they will have to decide whether the service charge is unfair. probably unlikely that anyone has done this before but no harm in asking, just in case someone has had to do so, as it would good to get a gauge of whether it is a simple process which i could apply and deal with myself or whether it is too complex and that it would be advisable to employ a solicitor to deal with the dispute on my behalf.


Guarantee it's to complicated. Get legal advice

Let's wait for 1112

NEXT
FreeDeal12/10/2019 17:43

Guarantee it's to complicated. Get legal adviceLet's wait for 1112NEXT


How do you know it will be complicated? You are just guessing!

I am thinking I should get the solicitor to do it as he will be able to present the case better than I can and so I would have a better chance of the complaint being upheld.
mutley112/10/2019 17:50

How do you know it will be complicated? You are just guessing! I am …How do you know it will be complicated? You are just guessing! I am thinking I should get the solicitor to do it as he will be able to present the case better than I can and so I would have a better chance of the complaint being upheld.


Complicated may be the wrong word. But we agree get a professional
Seriously, I'd hate to have such a complicated life (no joke)
maccy1i12/10/2019 17:59

Seriously, I'd hate to have such a complicated life (no joke)


I think it's a case over egging the pudding each and every time.
OllieSt12/10/2019 18:45

I think it's a case over egging the pudding each and every time.


maccy1i12/10/2019 17:59

Seriously, I'd hate to have such a complicated life (no joke)


you telling me! i am plagued with problems other people do not have.
fearona12/10/2019 10:55

You can’t apply to the tribunal if:you’ve agreed to pay the chargethe dis …You can’t apply to the tribunal if:you’ve agreed to pay the chargethe dispute is already being dealt with, for example by the courtyou pay a fixed charge


where does it say about the 'fixed charge'? i can't see that in the paragraph below.

"You and your landlord can apply to the tribunal for a decision on whether a service charge is reasonable, regardless of whether or not you have already paid the charge. Your application can relate to costs your landlord has already paid for work, services or other charges, or can relate to an estimate or budget. However, if you have agreed or admitted responsibility for paying the charges, or the charges have been finally decided by a court or tribunal, or by arbitration following a dispute, you and your landlord cannot apply to a tribunal."
Mutley, are you talking about a service charge levied by a Managing Agent on behalf of the freeholder (ie cost of carpets to a communal area or exterior paintworks)
Edited by: "Toptrumpet" 12th Oct
mutley112/10/2019 17:50

How do you know it will be complicated? You are just guessing! I am …How do you know it will be complicated? You are just guessing! I am thinking I should get the solicitor to do it as he will be able to present the case better than I can and so I would have a better chance of the complaint being upheld.


Like everything in life. What is simple for some, it’s complicated for others. @FreeDeal made an educated guess.
mutley112/10/2019 10:50

i want to know if anyone on the site has actual experience of going …i want to know if anyone on the site has actual experience of going through the process and how easy or difficult it is


I've had experience of the process mutters. It was ridiculously easy.
mutley112/10/2019 16:48

to get a gauge of whether it is a simple process which i could apply and …to get a gauge of whether it is a simple process which i could apply and deal with myself or whether it is too complex


I can virtually guarantee it is too complex for you. I'd stake my life on it.
mutley112/10/2019 19:14

where does it say about the 'fixed charge'? i can't see that in the …where does it say about the 'fixed charge'? i can't see that in the paragraph below."You and your landlord can apply to the tribunal for a decision on whether a service charge is reasonable, regardless of whether or not you have already paid the charge. Your application can relate to costs your landlord has already paid for work, services or other charges, or can relate to an estimate or budget. However, if you have agreed or admitted responsibility for paying the charges, or the charges have been finally decided by a court or tribunal, or by arbitration following a dispute, you and your landlord cannot apply to a tribunal."



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fearona13/10/2019 11:05

[Image]


which section of the site is this on? I can't see it. all i have is the second paragraph I have pasted in section 3, which does not refer to fixed charge.
Toptrumpet12/10/2019 19:35

Mutley, are you talking about a service charge levied by a Managing Agent …Mutley, are you talking about a service charge levied by a Managing Agent on behalf of the freeholder (ie cost of carpets to a communal area or exterior paintworks)


it is a house on an estate, where there are freehold and leasehold properties, mine is a freehold but there is a covenant in the deed to state that i would have to pay part of the estate management fee on demand. the estate management fee has been allocated unfairly to my house and i would like to dispute this allocation.

i wondered on the off chance if anyone has ever gone through the tribunal to dispute their service / estate management charge and whether they employed a solicitor to deal with the dispute. i will have to consult a solicitor to get advise even if i don't employ them to do the dispute application from reading the comments.
Edited by: "mutley1" 13th Oct
mutley113/10/2019 11:13

it is a house on an estate, where there are freehold and leasehold …it is a house on an estate, where there are freehold and leasehold properties, mine is a freehold but there is a covenant in the deed to state that i would have to pay part of the estate management fee on demand. the estate management fee has been allocated unfairly to my house and i would like to dispute this allocation.


That's so unfair. I sincerely hope it's not too much
mutley113/10/2019 11:13

it is a house on an estate, where there are freehold and leasehold …it is a house on an estate, where there are freehold and leasehold properties, mine is a freehold but there is a covenant in the deed to state that i would have to pay part of the estate management fee on demand. the estate management fee has been allocated unfairly to my house and i would like to dispute this allocation.i wondered on the off chance if anyone has ever gone through the tribunal to dispute their service / estate management charge and whether they employed a solicitor to deal with the dispute. i will have to consult a solicitor to get advise even if i don't employ them to do the dispute application from reading the comments.


Houses, whether freehold or not, on new estates will still have a management/service fee to pay which no doubt increases yearly.

Why do you think it unfair the way it has been allocated? Surely all the houses will pay the same fee? Flats will pay considerably more as they will also have to pay towards the lifts, cleaning common parts, access roads etc.
Mutley, it sounds like it could be a really complex and complicated thing to resolve on your own. If others on the Estate are also unhappy then a class action would be a better option as there’s strength in numbers. I would employ a specialist solicitor.
Toptrumpet13/10/2019 13:17

would employ a specialist solicitor.


Oh no! So expensive whichever way he goes?
Toptrumpet13/10/2019 13:17

Mutley, it sounds like it could be a really complex and complicated thing …Mutley, it sounds like it could be a really complex and complicated thing to resolve on your own. If others on the Estate are also unhappy then a class action would be a better option as there’s strength in numbers. I would employ a specialist solicitor.


i have read up about unfair charges on freehold properties and my house seems to have fallen into what is termed 'fleecehold'! the article seems to indicate that freecehold property owners have no dispute resolution as it is will not be considered through the leasehold tribunal

moneywise.co.uk/pro…int
I’ve not come across this before, but I think forming some kind of neighbour action group or Residents Association might be beneficial lobbying the Developer/Estate Management company before engaging a solicitor.
Edited by: "Toptrumpet" 13th Oct
Your Solicitor should have drawn your attention to all this when you purchased the property.
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