southwark council service charge

[MirandaS]

Thanks for the advice.... What is LVT?

Now got the responsive repairs summary and there are two charges for ?521.83 marked as high performance back door?? My property does not have a back door and the flat downstairs has not had a door replaced. Then there is a charge of 196.58 for reglaze? And lastly ?212.58 for annual repairs overhead allocation to the block but no repairs were untaken.

Can anyone advise how I challenge this?

Thanks M

[Charles Notice]

Asset Wrote:

-------------------------------------------------------

> I haven't read through all the pages here but just

> wanted to say that I took Southwark to the LVT

> over service charges and now pay none.

> The council fought me all the way and were

> incredibly obstructive and as a result it was a

> tedious and time consuming process but for me had

> a good outcome.

> during the process all sorts of ridiculous charges

> that the council couldn't back up at all were

> discovered so it is worth keeping on it and

> insisting for clarity and information - not

> something they were willing to give..

Was it because you were a freeholder? not on any estate but a street property.

[Charles Notice]

MirandaS Wrote:

-------------------------------------------------------

> Thanks for the advice.... What is LVT?

>

> Now got the responsive repairs summary and there

> are two charges for ?521.83 marked as high

> performance back door?? My property does not have

> a back door and the flat downstairs has not had a

> door replaced. Then there is a charge of 196.58

> for reglaze? And lastly ?212.58 for annual repairs

> overhead allocation to the block but no repairs

> were untaken.

>

> Can anyone advise how I challenge this?

>

> Thanks M

First put in a stage one compliant to the council

Second. Get your Cllr and Local MP to put in a members equiry.

Copy all correspondence to eleanor kelly and peter.john @southwark.gov.uk

They should be able to get the ball rolling before you think of the LVT. Not called the LVT but another body, easy to look up.

They will probably threaten you with speaking with your mortgage lender if they do just tell them and instruct them not to pay as there is a dispute.

[edhistory]

MirandaS Wrote:

-------------------------------------------------------

> Thanks for the advice.... What is LVT?

>

> Now got the responsive repairs summary and there

> are two charges for ?521.83 marked as high

> performance back door?? My property does not have

> a back door and the flat downstairs has not had a

> door replaced. Then there is a charge of 196.58

> for reglaze? And lastly ?212.58 for annual repairs

> overhead allocation to the block but no repairs

> were untaken.

>

> Can anyone advise how I challenge this?

>

> Thanks M

Report it to the police.

John K

[MirandaS]

Thanks for the advice Charles. Found my local council who has a surgery this Thursday so will go and see her. Emailed the Southwark team for a further explanation of the charges but no response. Right in the processing of remortgaging and need to declare any arrears so may need to have to pay and then fight to get the money back!!!

Thanks again for all your helpful advice.

[fredbear]

we are having the same problem MirandaS.I started this thread some time ago because of problems we have had with service charges in the past, this time its for window handle repaires in the downstairs tenents flat and to pay for scaffolding to repair the roof they did not use scaffolding.We are also having to complain about major repairs that are taking place.

[edhistory]

If you think there are fraudulent invoices you should report the matter to the police.

[Asset]

@ Charles Notice.

I'm a lease holder and it is a 'street property' that the council insisted was an 'estate property'. I am aware it is a different case from the usual however the point was more about the process of tribunal and the obstructiveness of the council during that process and that it uncovered quite a bit of mis-management that I'm sure could be extrapolated to other Southwark properties.

[Asset]

LVT is Leasholders Valuation Tribunal.

[MOB100]

Asset Wrote:

-------------------------------------------------------

> I haven't read through all the pages here but just

> wanted to say that I took Southwark to the LVT

> over service charges and now pay none.

> The council fought me all the way and were

> incredibly obstructive and as a result it was a

> tedious and time consuming process but for me had

> a good outcome.

> during the process all sorts of ridiculous charges

> that the council couldn't back up at all were

> discovered so it is worth keeping on it and

> insisting for clarity and information - not

> something they were willing to give..

Hi there Asset,

I'm currently preparing a case against Southwark council regarding exorbitant service charges. Could you please tell me more about your experience with the LVT when you took the council there?

maybe some do's and don'ts. Did you represent yourself or did you use the services of a solicitor?

Many thanks,

[MirandaS]

Hi

I am now in this situation as well. I have asked for clarification of the items being charged as 'responsive repairs'. The itemised bill stated that they repaired a door on two separate occasions at the cost of ?600 each time however in N email from the council, an officer stated it was to replace a door to which I challenged. This person then sent it on for another officer to review, she stated the cost related to changing of locks whilst the property was void- ?600 per lock?. I have sent a further please explain email and waiting to hear.

I too would like to know more about your experience, Asset.

Many thanks M

[Asset]

Hi,

I have a file about a foot thick....

I'll try and keep it brief.

I represented myself. I had engaged a solicitor initially but after the first few letters it became clear the council would not back down and wanted to go all the way so I had deal with it myself as I couldn't afford the legal fees.

The whole situation was ridiculous. When I bought the property my solicitor questioned service charges in the lease and we had a letter from Southwark Council confirming no service charge was payable on the property. For the first several years we weren't charged any and then out of the blue I began to receive invoices for service charge. I queried the charges and never paid them and kept on maintaining no service charge was payable and the sums built up until it was a couple of thousand.

Eventually they slapped a county court demand on me so I counter claimed for stress and harassment etc and wrote up my case blah blah and said I wanted the case directed to the LVT and the court ordered it to go to there (thankfully).

My main argument was my property was an individual street property and not part of an estate and therefore had no shared space for which I could be accountable so this is quite different to charges relating to estate repairs however my experience showed the complete incompetence of Southwark council's leasehold management department.

The LVT does provide clear information on the information required and the steps necessary for the procedure so that is helpful.

Prior to the hearing you have to gather all the documentary evidence possible - this meant the council had to provide itemised information on the charges being brought to me - seriously, there were charges for sewage works on there that the council had no idea where actually the works had taken place, there were charges relating to repairs on houses at the other end of the road - I repeat I am a street property not an estate property but even if it was an estate you would query having to pay towards repairs on individual dwellings, service charge is only supposed to cover costs relating to shared space.

I also had charges for maintaining a piece of green space at the other end of the road - now if I lived next to it and received some benefit I wouldn't have minded contributing to the minimal costs for maintaining it but the LVT agreed that as it was so far away no costs could be apportioned to my property.

I'm not sure what else I can say, before going to the LVT you have to get Southwark to give you all the information relating to charges. I found in my case I was getting invoices that had a non-specific figure for repairs and maintenance and it took me quite some time to get them actually to provide the itemised information necessary for me to challenge them.

As highlighted in MirandaS's case above there is a lot of misinformation floating around and the LVT has to decide what is fair and reasonable.

I had people from the panel coming to inspect the property and the surrounding area and it was at times quite an intimidating process but for me had a good outcome.

It annoys me that someone else would just have rolled over and paid these charges quite unnecessarily and would still be paying unfair charges now had I not gone through the process.

So basically, if you've got the time and strength to go through the process it is worth it probably.

[MirandaS]

Thanks Asset, this is really helpful. Glad you stuck to your convictions and won, you think the council would have learnt from previous experiences.

[spider69]

Would the Council have advertised this victory or work on the basis that if you don't know you won't challenge.

How many people in the same block pay responsive repairs not knowing a neighbour has challenged and won.

[MOB100]

That's brilliant Asset.

a true David vs Goliath tale.

An inspiring one too. I really admire people who will stand for what they believe is true.

It must have been a difficult episode for you at the time.

Thank you for taking the time to share it with us.

Assest's experience at the LVT (now the First Tier Tribunal) has inspired me.

I wonder if there are many members on this board who have gone to the LVT in the past and would be willing to share their own experience: give useful tips, pointers, do's and don'ts, practical advice, etc...

Perhaps the topic of a new thread? Any title suggestions?

m

[midivydale]

Just a reminder that the council are hosting a leaseholder/freeholder meeting on the 28th by London Bridge and I would URGE each and everyone of you having problems with service charges/major works to go. We are alot stronger united so the more of us that come together and question/dispute these cowboy bills the better.

[MOB100]

Thank you midivydale.

You are right. Those who can should attend.

Here's the link to apply for places. https://forms.southwark.gov.uk/ShowForm.asp?fm_fid=1355

I think it's a maximum of 2 per applicant.

[MarkT]

A possible route for communication with the Council is through your local TRA - Tenants and Residents' Association. These are "Recognised" by the Council to represent Council tenants and leaseholders.

BARA, the Barry Area Residents' Association, directly represents the area bounded by Friern Road, Lordship Lane, Crystal Palace Road and Upland Road. but membership is open to any Southwark residents. Many historic local TRA's have faded away over time, and the surviving ones are mostly Estate based. Estates of course include leaseholders, but BARA is probably the only remaining TRA representing an area almost entirely of street properties. About one fifth of all the residents in the BARA area are Council tenants or leaseholders

BARA does not have a team of experts to directly respond to these issues. The experts are the individual leaseholders, such as those who have contributed to this thread on the Forum. But it can offer a forum to explore the issues and develop collective strategies and it can provide an official route of communication with the Council.

BARA meets on the second Tuesday of the month at the East Dulwich Community Centre in Darrell Road. That's tomorrow night Tuesday 10th November at 8pm.

MarkT

[VixSta]

Has anyone ever attended a Homeowner's Council meeting? I believe the next meeting is next Wednesday evening. I am thinking of attending but wandering if others have views/previous experiences of the meetings?

[fredbear]

This is worth a listen "You and Yours" Radio 4 Friday 6th nov about Southwark and the problem of Major works of two people

[spider69]

Think this confirms don't buy Council stock.

[*Tee*]

I went to the homeowners seminar at PWC today and left with a wealth of knowledge and confidence knowing that if this ever happens to me any time soon, then I will know how to deal with the Cowboys at Southwark council. The event started at 11:30am and finished around 4:30pm but didn't mind as I sat through aspirational stories of fellow leaseholders challenging the council over major works bills and service charges and winning.

I urge EVERYONE who is a Southwark leaseholder to find out about these events and come to the next one. It was my first and certainly not my last!

[muffins78]

Hi tee, do you have a link to the event? Thanks!!!

[fredbear]

We were charged for an item that was not used in our last service charge and have got this removed over ?400.If there had been two council tenents in the property instead of one and us this would have gone through without any check by Southwark.

[midivydale]

Yes, please everyone do attend these meetings and also please do join the leaseholders association.