Service Charge being imposed

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    Service Charge being imposed

    I signed a Tenancy Agreement in 2005 with an housing association. My tenancy agreement does not have any inclusion to show I pay a service charge of any type I have received a letter from the landlord saying they will be implementing a gardening service for which there will be weekly service charge added on to our rent. The letter states that they cannot force this charge on us without our permission. I wrote back and denied them permission to make this charge , but they are now hinting they will enforce this charge regardless.

    Can they enforce this charge or make changes to my Tenancy, or am I protected by my original tenancy agreement that I signed in 2005.

    If the landlord cannot enforce this charge, what would happen with regards to one of my neighbours who is in receipt of Housing Benefit ? Would the council have to be informed not to pay the charge ?


    Many thanks for your time

    #2
    No. Unless Tenancy Agreement allows the charge, you don't have to pay.
    The T.A. cannot be altered unless it so provides. L might try to terminate it but offer you a new one that contains service charge stuff.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Originally posted by jeffrey View Post
      . L might try to terminate it but offer you a new one that contains service charge stuff.
      Can they terminate it then ?

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        #4
        Originally posted by Walnut View Post
        Can they terminate it then ?
        If you have a standard AST then yes with the required notice. They could then offer you a new contract to take into account the service charge.

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          #5
          Originally posted by Colincbayley View Post
          If you have a standard AST then yes with the required notice. They could then offer you a new contract to take into account the service charge.

          Ah !

          By AST, do you mean Assured Shorthold Tenancy ?

          Mine is an Assured Tenancy, it is with an housing association

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            #6
            If you hold an assured tenancy then the only thing that your landlord can do is to increase the rent to allow for the proposed service charge. If you object, he will have to go to a rent tribunal if the proposed increase takes your rent above the market rent for the area. Assured tenancies give you a tenancy for life provided you pay the rent.

            P.P.
            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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