frequently asked questions
Where can I get independent advice?
Citizens Advice Bureaux offer a good source of advice for individuals on a wide range of topics.
In addition you can contact LEASE. The Leasehold Advisory Service is an independent advice agency, funded by Government grant. They provide free advice to leaseholders, landlords, professional advisers and others on the law affecting residential leasehold property. You can contact LEASE:
- In writing at 70-74 City Road, London, EC1Y 2BJ
- By phone at 020 7490 9580 fax on 020 7253 2043
- On the web at www.lease-advice.org
Camden leases normally allow them to request payment in advance of services provided based on an estimated account. However, the recent Daejan case made new case law by specifying that where payment has already been made, it is no longer possible to claim back through the LVT monies paid if you have been incorrectly charged. We therefore suggest you think carefully before you pay, as your only recourse to a refund is now through courts. Make sure you advise Camden thaaat you are willing to pay when they have justified the charges. As a safeguard, you should consider putting the estimated amount in a separate bank account to prove that you are willing and able to pay once the charges have been substantiated.
But - you must always pay your ground rent on time as failure to pay this could result in forfeiture of your property.
Am I allowed to see the documents that support the costs on my service/capital works charge bills?
Yes. Section 22 of The Landlord and Tenant Act 1985 gives you the right to see all supporting documents provided that you request them from your freeholder within 60 days of receiving the bill. Camden must then provide the documents within xxx days of receiving your request. If you want photocopies of any documents there may be a small charge for obtaining these.
Unfortunately there is no power to prosecute a Council landlord for breaching S.22 of the Act. LEASE suggests that the best course of action, if you are being obstrucyed, is to complain through the Council's complaints procedure and then perhaps on to the Local Government Ombudsman.
No one ever answers my letters. How can I get a response?
Sadly, this is an all too common problem. The only way we seem to be able to force Camden to respond is to make a formal complaint. A normal letter of complaint will not do in this case. You must use their complaint form that is available in Housing Offices, the Town Hall and libraries (or you can call them for a copy). This is the only method by which you will register your complaint formally and make Camden understand that you are not happy with the service they are providing. There are three levels of appeal and the booklet that comes with the complaint form details how this works and when you should expect a response.
Where you are also seeking compensation, it is best to tell them how much you want as there is unlikely to be any offer and anything they do suggest will probably be derisory. Where the compensation is to cover additional costs you have incurred it is advisable to have some proof of this e.g. an invoice or receipt.
If I'm still not happy with the response once I have exhausted Camden's complaints procedure, who can I complain to next?
The Local Government Ombudsmen investigate complaints of injustice arising from maladministration by local authorities and certain other bodies. Examples of the sorts of issues the Ombudsman can help with are:
- it took too long to do something
- the Council did not follow its own rules or the law
- it broke its promises
- it treated you unfairly
- it gave you wrong information
- it did not make a decision in the correct way
- you did not get a service or benefit you were entitled
to or there was a delay before you got it
- you suffered financial loss
- you were caused distress or upset
You can contact the Local Ombudsman
- In writing - Tony Redmond, Local Government Ombudsman, 10th Floor, Millbank Tower, Millbank,London SW1P 4QP
- By phone - Tel: 0207 217 4620 Fax: 0207 217 4621
- Email enquiries.london@lgo.org.uk
- LGO Advice line: 0845 602 1983
- Via the web - www.lgo.org.uk
If you have exhausted all other avenues, you can also try your Local Councillor or your MP. To find out who your Councillor is contact Camden or your local library.
Where can I find a solicitor/surveyor to help me?
LEASE have a list of solicitors and surveyors on their website www.lease-advice.org
Citizen's Advice Bureaux may also be able to assist you in finding a suitable professional to help you.
(Please note that referral to this information does not constitute a recommendationof any individual or business by ACCL).
Answers to the following questions are available in the the members' only area.
What does the LVT do?
What is a Section 20 notice and when should I receive one?
What sort of things might I want to consider when looking at a Section 20 notice?
I have only just purchased my home and have now been told I have to pay a large sum for Capital Works. Do I have to pay?
They have just replaced the windows in my block. Do I have to pay for them?
What is covered by the Building Insurance payment in our Service Charges?
Camden have asked my mortgage lender to add an overdue amount to my mortgage. Can they do this?
What is the 18 month rule?
What is covered in the caretaking charges?
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