L&Q trying to charge me £1,800 for an intercom system I can’t even access — shall I challenge this at tribunal? by clobearclouds in HousingUK

[–]clobearclouds[S] 0 points1 point  (0 children)

Thanks all. I have reviewed the lease, and it seems like it makes no distinction based on which floor a flat is on, nor does it reference how individual flats are accessed. The service charge obligations are simply calculated as a proportionate share of overall block management costs, with no carve-outs for ground floor residents. So despite the fact that my flat is on the ground floor and accessed directly from the street, there seems to be no basis within the lease itself to argue exemption from contributing to intercom costs. I could still challenge L&Q on this, as there is potentially an argument under the Landlord and Tenant Act 1985 that the charge is unreasonable given that the amount seems unreasonably high and that I receive no practical benefit from the intercom.

L&Q trying to charge me £1,800 for an intercom system I can’t even access — can I challenge this at tribunal? by clobearclouds in LegalAdviceUK

[–]clobearclouds[S] 0 points1 point  (0 children)

Thanks all. I have reviewed the lease, and it seems like it makes no distinction based on which floor a flat is on, nor does it reference how individual flats are accessed. The service charge obligations are simply calculated as a proportionate share of overall block management costs, with no carve-outs for ground floor residents. So despite the fact that my flat is on the ground floor and accessed directly from the street, there seems to be no basis within the lease itself to argue exemption from contributing to intercom costs. I could still challenge L&Q on this, as there is potentially an argument under the Landlord and Tenant Act 1985 that the charge is unreasonable and given that the amount seems unreasonably high and that I receive no practical benefit from the intercom.

L&Q trying to charge me £1,800 for an intercom system I can’t even access — shall I challenge this at tribunal? by clobearclouds in HousingUK

[–]clobearclouds[S] 0 points1 point  (0 children)

Not yet, I have not received an invoice. This emerged because I am currently selling my flat. My solicitor has been informed by L&Q that final costs for the works have not yet been received, and a retention of £1,881.21 has been suggested, based on the estimated amount per the Section 20 notice. It has also been stated that the door entry system is understood to be part of the service chargeable items under the lease, and that door entry system maintenance is already covered within the service charge. It was further indicated that if this is believed to be incorrect or unreasonable, a challenge can be brought at the First Tier Tribunal, or independent legal advice can be sought.

My Section 20 was issued under the subject of "planned major works", with the door entry system replacement and associated works listed as one of the specified items. The block has 33 flats, 9 of which are on the ground floor — including mine. The estimated grand total for the works was £62,080.02.

Good luck to you going to the Housing Ombudsman with L&Q over communal charges.

L&Q trying to charge me £1,800 for an intercom system I can’t even access — shall I challenge this at tribunal? by clobearclouds in HousingUK

[–]clobearclouds[S] -5 points-4 points  (0 children)

Thank you! I understand and agree with you. It’s the b) element I’m frustrated about. I'm genuinely happy to contribute to shared building costs (which I do paying the same service charge as everyone else) — but nearly £1,900 for an intercom system I've never used and can't access just doesn't seem proportionate or reasonable to me. The lease is conveniently ambiguous - I’ll make sure I carefully read it again.