Advice needed on maintenance fee's

[whatwhatinthewhatnow]

DP and I live in a block of flats, his Sister lives next door. Theres 6 of us and we have a council office underneath us, with a car park which DP and SIL assure me is theirs to use outside of working hours. DP has a key to the barrier.

Recently, we've had letters from the council saying they are to stop us parking in the car park. SIL still does everyday, I just use it during non working hours and weekends.

Then we got a letter saying they were increasing the ground rent from £12.50 per quarter to £74 per quarter.

There was a residents meeting which we couldnt make (as whoever organised it didnt tell all the flat owners the meeting time, nor did they feel the need to tell us the outcome)

Ive asked DP and SIL if they know how the maintenance co was found, whether the items they list are really going to cost xx to maintain and whether there is any way we could have evidence of their process, ie tenders etc. As I fail to see how its increased all of a sudden!

And now our sink is blocked! Its affecting the whole building as SIL has same problem. Is this something the Maintenance co should fix?

So in short, can we challenge the increase, and can I call them about the blockage (perhaps to measure their response to a problem)?

And can they take the car park off us if its in the lease and DP has a key?

You need to tell the council that you have a reserved right to the car parking space. If they are asking you to forgo that right then they need to offer you compensation.

What about the change in maintenance costs? Is that also something they can do without any negotiation or transparancy of their process?

DP thinks the freeholders brother is going to be the maintenance guy, which makes me untrustful.

If the Housing Act 1988 applies, then they should have sent you a notice "proposing" a new rent.

Have a look at your rent agreement or contract.

Have you had a letter saying something like this: "Under your tenancy agreement, the Council is entitled to review your rent and service charge on the first monday of October each year. We enclose a Notice ofRent Increase served pursuant to Section 13(2) Housing Act 1988 as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003"

Then they need to list the headings which comprise the Maintenance or Service Charge.

Depreciation
Communal Gardening
Communal Cleaning
Fire Equipment
Communal Electricity
Support Costs
Look at your Rent Agreement, and then tell them that they have not served the appropriate notice as per those regs which I referred to above.

Thanks! Thats really helpful!

Forgot to say. On that list of service charge categories they should show an amount of money, which is your proportion of the charge. If you keep all the annual letters you can compare from year to year how the charges alter.