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Labour/Hounslow Homes and the great "service charge" rip-off

Some users of the forum may have read the article in this week's Hounslow Chronicle about ludicrously excessive "service charges" levied against householders who have purchased their council homes by Hounslow Council and its satellite organisation Hounslow Homes.Whilst few would disagree that leaseholders and freeholders should pay a fair share towards facilities which they share with neighbouring tenants, the charge has in practice amounted to nothing short of legalised extortion.I have written on this matter to both local newspaper groups this week, and reproduce the text of my letter in full below.  Any comments or observations would be welcome:"Dear Editor "There has been some controversy recently over the issue of grossly excessive service charges which are being levied by Hounslow Council against residents around the borough.  It is one which we in the Community Group have been working to tackle for over a decade. "The 'service charge' has become to all intents and purposes an unofficial tax levied by Hounslow Council against certain members of our community. "In November 2003 Isleworth resident Jan Ayres was awarded costs against Hounslow Homes after I had successfully defended her at Brentford County Court against a claim for charges amounting to £126.  The deeds of her leasehold home required her to pay "any reasonable cost" towards the upkeep of communal areas on the Worton estate on which she lived. "Although Hounslow Homes admitted in court that the work for which she had been invoiced had not been done, its Counsel insisted that she should pay the charge anyway.  The District Judge agreed with me that it was not 'reasonable' to charge a person for work which had not been undertaken, and threw out the claim. "A few years previously another Isleworth resident, Vincent Sharp, was not so fortunate.  In his case the word 'reasonable' had not been inserted into his deeds, and so the court reluctantly held that he was contracted to pay any cost which the then Housing Department should demand of him, whether reasonable or otherwise.  "The District Judge presiding over Mr. Sharp's hearing described the claim against him as 'most unfair'.  In spite of her comments Hounslow Homes has to this day continued to hound Mr. Sharp with completely unjustifiable demands on the grounds that it is able to do so on a legal technicality. "It is disgraceful, but not surprising, that the New Labour leader of Hounslow Council is found to be lining up with the extortionist rather than the victims, in this case residents of the borough whom he and his colleagues are supposedly in office to serve. "Your newspaper would do its readers a great service by trying to ascertain the views of our elusive Member of Parliament on this particular subject. "Yours sincerely "Councillor Phil Andrews -Prospective Parliamentary Candidate for the Community,Brentford & Isleworth constituency."

Phil Andrews ● 7335d29 Comments

PhilI’ve responded on the Chiswick forum to this so please excuse the doubling up, I didn’t see this posting until after the one I made on ChiswickW4.com. “…..readers of the Hounslow Chronicle were this week assured by our MP Ann Keen, following a conversation between herself and Hounslow Homes, that no tenant will be asked to pay any more than he or she can afford”If as reported Ann Keen has cited a link between the affordability and ability of leaseholders to pay for these service charges in any way other than by Hounslow Homes recovering the service charges in full through a deferred payment plan then the legal ramifications could be enormous. A contested claim by a leaseholder of Hounslow Homes could potentially set a precedent in law for every leaseholder across the country.  In effect and without putting words into Ann Keen’s mouth, what she appears to have inferred equates to a policy where a freeholder paying for essential maintenance faces a situation where the freeholder is not able to recover the full costs from the leaseholders. If leaseholders benefit from the works while at the same time they claim that they either cannot or will not pay, under current law, forfeiture of the lease could ultimately result through a court or arbitral tribunal. If Ann Keen did come out with these comments, I don’t think that Tony Blair, Gordon Brown, John Prescott or for that matter, Charles Clarke will be very happy with her comments. Imagine the situation of a freeholder owning property and having legal obligations to maintain the property but not being able to recover the costs from leaseholders. Not a very alluring business concept is it and one, which if it existed would see an overnight collapse of a significant chunk of the property market. I’d suggest that the comments attributed to Ann Keen’s are not only misleading but also have no basis in any of the current housing policies coming out of the Office of the Deputy Prime Minister and certainly have no basis in any law of which I am aware. As far as her reported comments are concerned, it’s just not going to happen. It can’t unless the government are either going to pay millions in additional subsidies to Hounslow Homes or if Hounslow Homes absorb the costs which will mean severe cutbacks in improvements for other properties, Either way, whatever the outcome there will be a massive impact on the government’s Decent Homes standard, planned to ensure that all social housing meets set standards of decency by 2010 for local authority and housing association homes. After the next election which will see New Labour back in power, the Decent Homes standard timeframe will be moved on by several years because Mr Blair and Mr Prescott have already realised that they have committed the government to spending plans that the government simply cannot sustain. The government has so far committed £20 billion to the Decent Homes standard to tackle a backlog of housing repairs; this figure is bound to grow. As we approach 2010 we will see housing stock sold off under PFI agreements, making the housing situation even more acute across the whole country. 

Gareth Evans ● 7328d

I think everyone should be aware when purchasing a leasehold property (particularly a flat in a block as opposed to a conversion) that service charges are a moveable feast.  They rarely stay the same from year to year.  Most ex-council leaseholders will have flats in blocks.  When the council decides to upgrade the block in whichever way be it windows, roofs, boilers etc., the council tenants pay no proportion of the cost (at least I don't think they do) but the leaseholders will have to pay their share.A couple of years ago my firm acted for a purchaser proposing to buy an ex council flat in Isleworth.  The owner of the flat was deceased and it was being sold by his beneficiaries.  There was an unpaid service charge demand in excess of £40,000 due back to the council on completion of the sale.  Evidently a new roof, windows and boiler had been installed in the flats and that represented the seller's share of the costs.  Obviously any solicitor would warn a prospective purchaser that these costs can arise however most purchasers either do not understand or do not care until the bills come in.I recently went to look at the "affordable housing" flats for sale in the Half Acre, the shared ownership deals.  A one bedroom box with a view of the High Street (don't open a window you will be deafened) with a selling price of about £180,000 plus carried a starting service charge of about £100 per month.  I asked what you got for that i.e. did it include heating/hot water, gym membership etc., the answer appeared to me to be that it covered nothing more than general upkeep to the common land and the lifts.  If the service charges in a brand new flat are £100 per month when the property should be covered by NHBC for any major problems how much will they rise to and just how affordable will these boxes be?Personally I hate dealing with leasehold properties and I would definitely advise people on limited incomes to steer clear of them except for conversion flats where there is seldom a service charge and like a freeholder you are responsible for maintaining your property as and when you can afford it.

Bernadette Paul ● 7331d

John I agree, the choice was very much “take it or leave it” with the enticing prospect, some may call it a carrot and stick approach, of tantalizing tenants with the prospects of new kitchens, bathrooms, double glazing, central heating, etc. The benefits to leaseholders of going down the ALMO route were always dubious. At the same time that the London Borough of Hounslow were looking for support from tenants and leaseholders for the ALMO, the London Borough of Hounslow were never going to drop the bombshell on leaseholders that there was very little benefit in the ALMO for them. Then again as you know the choices the government gave local authorities under the decent homes pretext were to retain full control of housing and be starved of funds or stock transfer such as the route Richmond took whereby it sold off its housing stock or going down the ALMO route. There was no fourth option until Austin Mitchell MP and others from Defend Council Housing looked at the alternatives. Austin Mitchell and Defend Council Housing had support from many individuals among them MPs, councillors, tenants, leaseholders, local authority leaders, housing professionals, unions and many other individuals. Ironically one of the leading supporters of Defend Council Housing was none other than Alf Chandler, then the Chair and Cora Carter Secretary, TAROE (Tenants & Residents Organisation of England) and Chair of Hounslow Federation of Tenants & Residents Associations. At one point Alf Chandler attended a conference in Manchester organised by Defend Council Housing, standing on a platform opposed to the privatisation of council housing. This show of support from Alf Chandler in upholding the campaign to Defend Council Housing was before Alf Chandler became the Chairman of Hounslow Homes. I’ll leave it for others to decide if the above case has any relationship to the analogy of poacher turned gamekeeper. Background information can be seen at http://www.socialistworker.co.uk/1720/sw172033.htm or http://www.defendcouncilhousing.org.uk/dch/dch_statement.cfmFor sometime there had been a minimum framework for leaseholder consultation. The problem was that many landlords only met the minimum standard and the minimum standard itself failed to meet the growing expectations of many leaseholders. The good news for leaseholders is that from 31st October 2003, the Commonhold and Leasehold Reform Act 2002 introduced new requirements for statutory consultation. Section 151 of the 2002 Act replaces the original provision, Section 20 of the Landlord and Tenant Act 1985, In effect, full consultation now has to take place for a landlord to recover service charges above the level of the statutory minimum amounts - £100 per leaseholder per year in respect of a long-term contract, or £250 per leaseholder for works to the building.I don't quite agree that the problems experienced by several leaseholders are as a consequence of the resources available to Hounslow Homes. If resources have been made available to Hounslow Homes by central government, which Hounslow Homes may have mismanaged by billing leaseholder for works which Hounslow Homes may not have carried out, there is no defence. Imagine if Hounslow Homes were a private sector company. By now it may well have found itself up before trading standards for billing for works, which it has not carried out.

Gareth Evans ● 7332d

Sarah In my experience and from working for several social landlords, both in the public and private sectors, all service charges are passed onto leaseholders “proportionally”. However, different providers have different views on what proportional means. Some calculate strictly on the number of units, dividing total costs between the number of units irrespective of there being a mix of 1, 2, 3 or more bedrooms, others base the charges on the size of the property. These costs range from replacing day to day items such as vandalised light fittings, relamping column and estate lighting, providing locks to intake cupboard, repairing paving, removing graffiti etc. Cyclical works, generally major works such as painting, making good to concrete, window replacements, major wiring, roof repairs etc are generally on 5 to 7 year cycles, all chargeable. Replacement of obsolete common equipment such as door entry systems, lifts etc are again cyclical and are again chargeable. In my experience, any works which are outside of the ‘usual’ day to day or cyclical programmes, housing staff have to add to a never ending wish list and go cap in hand for morsels from budgets grabbed from elsewhere or be prepared to submit bids to tenant compact schemes, which is an altogether different story in itself. By way of  example. The Audit Commission recently carried out an inspection of the ALMO I work for. Their findings were crucial to the local authority, the ALMO, its tenants and its leaseholders. A good report from the Audit Commission meant the release of millions of pounds over coming years to be spent on not only the decent homes standard but also improvements in many other areas. One of the many issues that the Audit Commission picked up on was block and estate signage across the borough and the need to show a corporate identity for the authority and the ALMO on its blocks and estates. Examples highlighted by the Audit Commission of block and estate signage ranged from the 1920’s and possibly earlier right up to the present day. Some estates consist of 1 block, some consist of many blocks. Some estates have one road access point, some have multiple access points. Some estates need an estate map, some don’t. However, where we could improve existing signage we did so with self adhesive stickers attached to existing signage showing the corporate image of the ALMO. For the signage that we were not able to upgrade we had to price up the works, a block sign costs £225.00 each, an estate map costs a tenner less than £1,000.00 each. I have one estate with 7 blocks and 5 road access points and that’s just one estate of 100 properties among the just under 2,000 I am responsible for. I have other blocks with 6 flats in each block, each block needs a block sign at £225.00. Because local authorities cannot make full use of the receipts from the sale of RTB properties and because local authorities have been starved of funds for years and years, there hadn’t been an estate signage budget in living memory. For an authority to have to find something like £200,000 to provide up to date signage from a starting point of having no budget is a considerable drain on funding. I don’t agree over the point about a leaseholder paying 25% of the replacement costs for a 40year old roof if the leaseholder took out a lease 10 years ago. My justification being that if local authorities had been funded fairly throughout the last 40 years, which they most certainly have not been and were certainly nowhere near adequately funded through Margaret Thatcher’s tenure as PM, then such major replacements wouldn’t be needed now. Local authorities, even the worse ones, would have been able to maintain their stock far better had they had access to funds to do so. The lease of 10 years ago would have reflected the state of the building at that point in time and after a valuation had been carried out. As the lessee accepted the terms of the lease based upon that valuation, with the ridiculously high discount they were given, the lessee in my opinion has an obligation now to fully contribute towards the cost of the roof replacement. Tenants contribute to all these costs through their rent, something that many leaseholders of today have conveniently forgotten since their time as tenants, before taking on the lease.

Gareth Evans ● 7332d

You are all right and I have to admit that personally I am opposed to the right to buy from the point of view that it takes much needed housing stock out of circulation and is the worse example I have ever come across of subsidised housing. Far better options are available, if the political will existed. On the other hand, I have a duty to manage the estates so the right to buy is something that I have to live with. I have one block of 40 flats where we are spending £500,000 just to stop subsidence, make good to concrete and patch the flat roof. Existing leaseholders will have to find £12,500 each, not an easy task. Those tenants wishing to exercise their right to buy option have not been able to do so since the subsidence came to light. After the works have been completed, the RTB will reflect the cost per unit plus £12,500 and possibly more. On the other hand, I have another block of 100 flats where we are spending in excess of £2,000,000. I say in excess because the works were scoped for 2 million but are likely to come out to about 2.3 million following issues discovered following the initial scooping stages. That’s between £20,000 and a potential £23,000 that each leaseholder has to find. We have to look at this in context though because a property bought for say £50,000 several years back could be worth £200,000 now and after the works have been completed could fetch between £250 - £280,000 so it’s not a bad profit for those wishing to sell. For those wishing to stay in their flats, life is going to be tough for some. At the same time I’ve heard of cases where tenants in street properties have knocked down internal walls and ripped out fittings in their properties because news has spread within certain boroughs that the companies behind some PFI initiatives won’t consider taking on a property which needs work to the value of £25,000 or more. In these cases the tenants are likely to get a very good deal when the property goes up for auction, which it invariably will. Probably the worse cases of RTB are those where tenants who have been on housing benefit and/or other benefits for a significant amount of time suddenly apply for the RTB. I could be wrong but morally I see HB and other benefits as a safety net for society, not a swing hammock. Many of these RTB’s are made in the name of the tenant but financed by others who already own properties. All these people want to do is to make money by taking these local authority properties on as a money making venture. Good luck to them if they want to become property developers but not at the expense of people like us and our forebears who have had to pay for local authority housing through our taxes.

Gareth Evans ● 7332d

PhilDespite my personal views on the right to buy I agree with you that service charges should not be looked upon as an unofficial tax. Neither Hounslow Homes nor the London Borough of Hounslow should be using unjustified service charges to extort money from leaseholders. Service charges are subject to the Commonhold and Leasehold Reform Act 2002, Hounslow Homes, the London Borough of Hounslow, other landlords and managing agents, be they in the private or public sectors, are not above the law of the land. I don’t know the cases so I’m taking a general view on the points you raised.In the case of Jan Ayres, how Hounslow Homes felt justified in presenting their case at court without even having carried out the work is beyond comprehension. Prima facie, the Judge would have had almost no alternative other that to throw the case out. It is entirely reasonable that a leaseholder should make a contribution towards "any reasonable cost" but only when costs have been incurred. Consultation for any major works should at that stage have been subject to Section 20 of the Landlord and Tenant Act 1985, which has now been amended. For Hounslow Homes to claim costs when works have not been carried out is tantamount to fraud on the part of Hounslow Homes as the managing agent and the London Borough of Hounslow as the landlord. Again, I don’t know the case of Vincent Sharp but no solicitor worth his or her salt should ever allow a client to enter into a leasehold agreement without a full definition of the leaseholders share of costs to be contained within the lease. The Leasehold Advisory Service (LEASE) at 70-74 City Road, London EC1Y 2BJ – telephone 020 7490 9580 may be of some assistance in these matters or the services of a good solicitor to ensure that the lease complied with Parts I and II of Schedule 2 of the Housing Act 1980 Act. 

Gareth Evans ● 7335d