Enquiry Case Studies

We established that there was a lettings agent involved and that they had taken steps to try and address the issue by assessing what work was needed to correct the problem. However, at the time of the call, the landlord had yet to agree to pay for the works. We explained that the responsibility to correct the problem lay with the landlord under the terms of the tenancy agreement and while the Tenant was unable to seek redress directly against the landlord, they should contact their local council’s housing standards team. Furthermore, as their belongings had been damaged, they could also seek assistance from organisations such as Shelter and Justice for Tenants to establish their rights in seeking compensation.

LEASEHOLDER ENQUIRY – SERVICE CHARGES

A Leaseholder contacted us to seek guidance on a number of issues which had resulted in increased service charges which they were not in agreement with. The Leaseholder explained that underpinning the dissatisfaction with the service charge, were concerns about the handling of an insurance claim and the appointment of appropriately qualified contractors by the managing agent.

We established that the various issues underlying the service charge increase had spanned a 5-year period and that, individually, those issued had been raised with the agent who had responded in each instance. As this had occurred more than a year before the Leaseholder contacted us, we explained that we were unable to accept the complaint as it fell outside of the 12-month timescale. However, upon establishing that the core issue was the amount of the service charge, we directed the Leaseholder to the First Tier Tribunal (Property Chamber) who were able to take on this dispute. We also directed the Leaseholder to the Leasehold Advisory Service for further guidance on their rights in this respect.

TENANT OF A SOCIAL LANDLORD ENQUIRY – LEASEHOLD ENQUIRIES

A Tenant of a social Landlord contacted us to ask for help in dealing with a number of issues regarding repairs and maintenance of the communal spaces.

Upon further discussion we established that the social landlord was also leaseholder and that the freeholder had appointed a management agent to provide communal services.

 We took the time to explain the complex relationships to the Tenant and advised that they could raise their concerns in the first instance with their landlord. This would then allow the landlord to raise the same concerns with the management agent on the Tenant’s behalf, and if those issues remained unresolved, the landlord could escalate the dispute to us. We also took the time to explain the role and responsibilities of the management agent and the freeholder to help the Tenant understand who was responsible for what.

NEW HOME BUYER ENQUIRY – DEVELOPER TAKEOVER

A buyer had purchased a property a number of years previously from new. There was an agreement set up for a portion of the property value to be paid off separately from the mortgage. This agreement was arranged by the developer’s appointed mortgage provider. The original developer went into liquidation and was taken over by a new developer but the Buyer had not been informed of the change. Furthermore, when the Buyer discovered the change and asked what money was still owed, the figure the new developer stated was much higher than the Buyer expected. The Buyer then contacted us to seek advice as to how they could challenge the figure provided by the new developer.

After talking through the situation, we established that issues related to both the new developer and the mortgage provider.

 In relation to the issues with the developer, we explained that Buyer should contact both the National House Building Council and the Consumer Code for Home Builders for further guidance, as both place obligations on their members to treat buyers fairly. Regarding the mortgage provider, we signposted the Buyer to the Financial Ombudsman Service. Finally we suggested seeking independent legal advice if the three organisations suggested were unable to help.