Data Protection
Discussion
My mother is a leaseholder in a small block of leaseholder owned flats. The landlord, one of the larger Housing Associations, is enforcing a Service Charge that represents a 40% uplift on actual costs for year ended 2021/22. The HA have refused requests to provide information on a number of ‘charges’ and in particular costs relating to repairs carried out to specific leaseholders properties due to ‘Data Protection’. All leaseholders have signed a document stating that they agree to this information being shared. The HA continue to refuse to release the information requested.
Are they correct in refusing to release this information?
Is there anything that can be done to enforce release?
Cheers
Rick
Are they correct in refusing to release this information?
Is there anything that can be done to enforce release?
Cheers
Rick
This leaseholder is in a similar position to the OP. With a crisis with the rise in the cost of living, a Housing Association is attempting to increase the service charge on two rental flats by a whopping 40%.
To recover this increase in costs, will mean an increase in the tenant's rent, with the tenant unable to pay the increase, resulting in the tenant possibly ending up homeless.
The freeholder, through the Housing association has an obligations under the lease to carry out maintenance and repairs to the building/s, and usually have the right to recover these costs via a service charge paid proportionately by all leaseholders.
Whilst the service charge must be reasonably incurred or reasonable in amount, this reflect value for money and necessity rather than leaseholder's ability to pay. In the case of Garside v RFYC 2011, the Upper Tribunal ruled that affordability should be taken into account when considering reasonableness.
Unfortunately a lot of Housing Association have sought to organise their repair schedules with the use of what are known as Qualifying Long Term Agreements (hereafter QLTAs). These take the form of a long term agreement with a building contractor to provide repairs and maintenance over an estate or several buildings. One of my above leasehold flats has just been met with a demand for £18k under a QLTAs
OP for legal advice on Leasehold matters, I tend to contact the leasehold Advisory Service, web site link below, you can either complete their online phone, and/or request a telephone response via their knowledgeable solicitor.
https://www.lease-advice.org
To recover this increase in costs, will mean an increase in the tenant's rent, with the tenant unable to pay the increase, resulting in the tenant possibly ending up homeless.
The freeholder, through the Housing association has an obligations under the lease to carry out maintenance and repairs to the building/s, and usually have the right to recover these costs via a service charge paid proportionately by all leaseholders.
Whilst the service charge must be reasonably incurred or reasonable in amount, this reflect value for money and necessity rather than leaseholder's ability to pay. In the case of Garside v RFYC 2011, the Upper Tribunal ruled that affordability should be taken into account when considering reasonableness.
Unfortunately a lot of Housing Association have sought to organise their repair schedules with the use of what are known as Qualifying Long Term Agreements (hereafter QLTAs). These take the form of a long term agreement with a building contractor to provide repairs and maintenance over an estate or several buildings. One of my above leasehold flats has just been met with a demand for £18k under a QLTAs
OP for legal advice on Leasehold matters, I tend to contact the leasehold Advisory Service, web site link below, you can either complete their online phone, and/or request a telephone response via their knowledgeable solicitor.
https://www.lease-advice.org
Rent is rent. Service charge is service charge.
If the structure of the building has needed/needs repairs the service charge will go up. That's the way things work. There's no point living on the ground floor and complaining that the roof above the third floor flats should be somebody else's problem.
At the end of the day you're better off in a building that's being maintained but has a high service charge than being in a neglected building with low service charge. In neglected buildings the flats become unsaleable which is a complete disaster.
If the structure of the building has needed/needs repairs the service charge will go up. That's the way things work. There's no point living on the ground floor and complaining that the roof above the third floor flats should be somebody else's problem.
At the end of the day you're better off in a building that's being maintained but has a high service charge than being in a neglected building with low service charge. In neglected buildings the flats become unsaleable which is a complete disaster.
Jack ketch said:
Just a jog back to my two questions;
Are they correct in refusing to release this information?
Is there anything that can be done to enforce release?
Thanks in advance for relevant answers.
Cheers
Rick
No requirement to disclose unless the lease specifically states that they need to. Nothing to do with GDPR.Are they correct in refusing to release this information?
Is there anything that can be done to enforce release?
Thanks in advance for relevant answers.
Cheers
Rick
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff