Mayor�s Report by s60fx45Y

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									Your 2010/11 Actual Service
Charge Explained
This booklet is about your actual annual service charges for the year above. It explains
how we have worked out your actual service charge, how it affects your service charge
account and how to understand the figures on your actual service charge statement
which is part of the letter enclosed with this booklet.


Questions about your service charges and who to contact                                   Page 2


What your actual service charge statement shows you                                       Page 3


What happens if we have estimated too much or too little?                                 Page 4


What are service charges?                                                                 Page 4


How is the actual service charge calculated?                                              Page 5


Services that may be provided to your block                                               Page 5


Paying your service charges for this year                                                 Page 7


What happens if you do not pay your service charges?                                      Page 7


Debt and welfare advice                                                                   Page 8


Methods of payment                                                                        Page 8


Keeping us up-to-date                                                                     Page 10


Essential Facts                                                                           Page 10


Frequently Asked Questions                                                                Page 12


Summary of rights and obligations for leaseholders                                        Page 14



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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
Questions about your service charges and who to contact


This booklet should answer any questions you may have. However, we may not be able to
answer all your individual queries here. If you do have further questions, the Leasehold
Customer Services team will be happy to answer them. An appointment can be made with one
of the Leasehold Customer Service officers between 9am and 4.45pm, Monday to Friday. To
make an appointment please contact your Leasehold Customer Services Officer on the number
in the table below.


Leasehold Customer                                Area Covered                            Telephone Numbers
  Services Officer
Savita Bhalsod                     East Ham, E6                                             020 3373 3988
Attupuram Joseph                   Stratford, E15                                           020 3373 9445
Catherine Smart                    Plaistow, E13                                            020 3373 3991
                                   Wanstead, E11
                                   Forest Gate, E7
Mandy Osborne                      Manor Park, E12                                          020 3373 6622
                                   North Woolwich, E16
                                   West Ham, E15
Patricia Williamson                Canning Town, E16                                        020 3373 9441
                                   Beckton, E6
                                   Silvertown, E16
Jean Mason                         Custom House, E16                                        020 3373 3989
                                   Rainham
                                   Brentwood




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
    What your actual service charge statement shows you



                   Statement of Actual Service Charges for the Financial Year 2010/2011


                                                                                                         This is the financial year
                                                                                                          these costs relate to

These are the
 services we                          SERVICE CATEGORY                              ACTUAL AMOUNT
  provide to
                                                     Buildings Insurance                       £130.00
your block and                                  EXAMPLE
   property
                                                                 Concierge                     £600.00

                                                                 Caretaking                    £180.00

                                                     Communal Lighting                          £15.00
                                                                                                                        This is the
                                                   Communal TV Aerial                            £6.00                  cost of the
                                                                                                                       services we
                                                 Grounds Maintenance                            £20.00                  provide to
                                         Leaseholder Services Team                                                    your block and
                                                                                               £160.00
                                                                                                                         property
                                                            Minor Repairs                      £110.00

                                     Neighbourhood Services Team                                £46.00

                                                            Repairs Team                        £11.00

                                         Resident Involvement Team                              £16.00

                                                  Total actual amount                         £1294.00
                                                                                                                       This is the
                                                  Less estimate given                         £1204.00                   amount
                                                                                                                       you have
                                       Adjustment amount                             £90.00 DEBIT                       to pay or
                                                                                                                          are in
                                                                                                                        credit by




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    Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
What happens if we have estimated too much or too little?


If your actual service charge is LOWER than your estimate, we will credit the difference to
your service charge account. If you have already paid the estimate in full, the credit will be
carried forward to next year's estimate and your payments will be reduced. If you are paying by
standing order you will have to notify your bank to adjust the instalments to next March.


If the actual service charge is HIGHER than your estimate, you will have to pay the
difference. If you pay by standing order you will have to notify your bank to adjust the
instalments to next March. If you do not pay by standing order, within 14 days of the date of
your statement you must pay the difference in full. If you can't pay this, you must contact your
Leasehold Customer Services Officer to discuss your options.




What are service charges?


As the freeholder, the council is responsible for maintaining the structure and exterior of the
whole building and the communal areas such as halls and stairways. Newham Council provides
a number of services to council-owned blocks and estates.


If you live in a leasehold property, you are required to contribute annually towards these
services according to your lease. This contribution is known as the service charge. These are
explained in detail in section 4 of the Leaseholder’s Handbook, which is sent to every new
leaseholder. You should receive your actual yearly service charge by October. When the year
ended we collected the costs and have worked out your share, based on the costs for each
service. We send you a statement which includes these details and shows whether we
estimated too much or too little.


The services you receive vary according to where you live, the type of property you have, and
the obligations set out in your lease. For example, if you live on an estate, you will receive more
services than if you live in a street property. Your service charge is your share of what it costs
us to provide these services. On occasions where emergency work or forced entry has been
carried out to your property, you will be recharged the total cost of this work. The services that
apply to your home are shown on your estimate statement. Service charges are split fairly
between all the flats in the block using the method stated in the lease, i.e. we use the rateable
value of your property to calculate each charge. Please note that the cost of the services to
tenants is not subsidised in any way by leaseholders.


If you own a freehold property on an estate the charges are due under the terms of your
transfer document. A list of the types of services that may be provided to your block/estate and
what each covers is given below.




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
How is the actual service charge calculated?


We set the service charge for your property by taking the cost to the area covered by your
estate plan (this accompanied your lease), multiplying it by the rateable value of your property,
and then dividing by the rateable value of all the properties in that estate plan. The proportion of
the costs for services is calculated according to your lease agreement


Before Council Tax was introduced, local taxes were called rates. The rate charge was based
on a value agreed for each property, known as the rateable value. Rateable values generally
differ depending upon the size of each property within a block. In most cases, larger properties
have higher rateable values and as a result have higher service charges, while smaller
properties have lower rateable values and lower charges. Please note the rateable value for
similar sized properties can vary depending on the date of purchase.




Services that may be provided to your block


Electricity - These are the costs for maintaining the electricity service to your block for lighting
and lifts. This is the amount the council pays out to maintain these services to the electricity
company. Sometimes the meters are not read and estimate bills are paid by the council,
therefore costs may fluctuate from year to year. The service is carried out by the electricity
company.
Heating - If you live on an estate that receives a heating supply you will pay a share of the gas,
electricity or oil costs for maintaining the heating service to your block.
Building Insurance - These are the costs for the year as supplied by the Insurance team who
negotiate the best deals possible for the borough’s properties. These are not to be confused
with contents insurance which leaseholders must arrange and pay separately.
Concierge - These are the costs of providing a security system for your building, such as CCTV
and/or porter. In some blocks this will include the cost of cleaning the communal areas, and the
related materials and management costs. This service is carried out by the Estate Services
team who can be contacted on 0800 952 9000.
Caretaking - These costs are related to caretaking services. The caretaker is responsible for
cleaning communal corridors and staircases, picking up litter, removing rubbish, reporting
damage to communal areas and dealing with blocked rubbish chutes. Your charge also
includes the costs of materials and management relating to the service. This service is carried
out by the Estate Services team who can be contacted on 0800 952 9000.
Ground Maintenance - These are the costs for the grounds maintenance service to your block.
This includes grass cutting, hedge trimming, rose bush and shrub maintenance to the areas
included in your estate plan.
TV Aerials - This small amount covers the costs involved in maintaining the aerials via a
contractor. Each leaseholder that has this service is charged whether they make use of the
facility or not.




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
Mechanical & Electrical - There are 9 types of Mechanical & Electrical services:
        WATER TANKS
        DOOR ENTRY SYSTEMS
        CCTV
        CAR PARK BARRIERS
        LIGHTNING CONDUCTORS
        FIRE ALARMS
        INTRUDER ALARMS
        ELECTRIC RISERS (these are tubes used to get wires between floors in a building)
        DRY RISERS (these are pipes that the fire brigade would use to pump water into your
         building if there was a fire)
If one or more of these services is supplied within your estate plan, a proportion of the costs for
paying contractors to maintain these service contracts are passed onto you.
Lift Maintenance - These are the costs for maintaining the lift maintenance service to your
block. This is included in your minor repairs charge.
Minor Repairs - The minor repairs costs are any repairs to the `communal area` of your
building and/or estate (which is defined on the estate plan which accompanied your lease). In
the case of street properties, i.e. where houses have been converted into flats, it is unlikely that
a minor repair will be necessary as there are no communal areas.


If you want to report a repair please call the Repairs Operation Centre on freephone 0800
920 5555 (Monday to Friday – 8am to 8pm). This number should also be used for any out-of-
hours emergencies.


For gas leaks/fumes call Transco on freephone 0800 111 999.




Management costs


This covers the costs for every officer that works on leaseholder issues. The salary, computer
cost, office equipment, stationery, training, etc are all included in these costs. All these costs
across the borough are split between each leaseholder. There are 4 teams who do the following
work:


          Neighbourhood Services Team - The Neighbourhood Services team provide a local
           housing management service. There is a cost related to the proportion of the time this
           team spends on leaseholder issues.


          Resident Involvement Team - The Resident Involvement team, amongst other things
           arrange consultation events and meetings for residents. A cost will be calculated in
           relation to the proportion of the time this team spends on leaseholder issues.


          Repairs Team - The Repairs team undertake inspection visits, appoint necessary
           advisors and consultants, provide an out of hours emergency call centre and arrange
           for the appropriate contractors to be available for repairs and maintenance to the
           building and along with related administrative work. There will be a cost related to the

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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
           proportion of time this team spends on leaseholder issues.


          Leasehold Services Team - This team spends 100% of their time on leaseholder
           issues. This is the cost of arranging the service charge invoice production, maintaining
           leaseholder records, collecting and maintaining accounts for payments received,
           providing newsletters and handbooks, responding to customers’ queries, consulting
           leaseholders about management arrangements, monitoring service agreements with
           other service providers, etc.


Major works - These works are programmed as part of our obligations within the terms of your
lease to maintain the structure and exterior of the block you live in. The cost of the work is
charged back to you in agreement with the terms of your lease. These costs are billed
separately from your annual service charges.




Paying your service charges for this year


The standard Newham lease says that the estimated service charge must be paid in full on
receipt. However, we know that for many leaseholders this is unrealistic. To help with the
paying the cost, we gave all leaseholders the facility to pay their estimated annual service
charge over 10 equal monthly instalments. Please note that if you do not keep to the instalment
plan, the agreement will become void and we will expect payment to be made in full.




What happens if you do not pay your service charges?


We will send you reminder letters and ask for you to either pay the amount outstanding in one
payment or make an agreement with us to pay by monthly instalments. If you still don’t pay, we
will refer the matter to our solicitors for legal recovery action, and you will be charged a £40
administration fee. You will receive a letter from our solicitors before they proceed to County
Court to recover outstanding payments. If you don’t want us to take you to Court you will have
to pay the amount shown in the letter within 14 days from the date of the letter. If you do not
respond to the letter we will seek a County Court Judgment against you and in addition, you will
have to pay legal costs and interest. We may also advise your mortgage lender if you have any
arrears.


Please note that where the property has been sublet it will remain the responsibility of
the leaseholder to pay service charges and NOT the tenant.




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
Debt and welfare advice


Officers from Newham Council cannot act as financial advisors. Although we can provide you
with advice and support to help you pay your bill, you should also seek independent
professional advice. The council has a dedicated Debt and Welfare advisor who provides
general advice. This includes agreeing realistic payment options, help on maximising your
income and information about benefits. You may also be eligible for financial assistance from
the Department of Work and Pensions (DWP). If so, we can help you apply. The DWP need to
be contacted within 30 days of the date of your invoice. This means that you should contact the
Debt and Welfare advisor within 14 days of of the date of your invoice, to make sure we
have enough time to help you with your application.


Additionally, debt advice and counselling is available and arrangements can be agreed to make
payment by instalments. Please contact your Leasehold Customer Services Officer to arrange
this. Independent debt and welfare advice is also provided in Newham by the following
organisations:


         Newham Citizens Advice Bureau, 71a Coolfin Road, Custom House, E16 3AP.
          Tel: 020 7540 4942. Open Monday to Friday 10am to 4pm. They provide advice for
          people who are eligible for legal aid on debt, immigration and welfare benefits.


         Community Links, 105 Barking Road, Canning Town, E16 4HQ. Tel: 020 7473 2270.
          Open Monday to Thursday 9am to 12 noon. They provide advice on consumer matters,
          employment debt, housing and welfare benefits.


         Financial Capability Coaching Service, DABD Benefits Advice Team, 51 Ripple
          Road, Barking, IG11 7NT. Tel: 020 8592 8603. This service is funded by East London
          Renewal Partnership for free confidential assistance for vulnerable residents to improve
          their homes. They provide advice on income maximisation and benefits. Home visits are
          available by appointment.




Methods of payment


The following methods of payment are available - Please ensure that your payment
reference number is clearly quoted when making payments.


By direct debit - This is our preferred and suggested method. It is efficient, cost effective; it
avoids queuing, and unnecessary paperwork. We are now set up to create Direct Debit
payments over the phone, all you need to have to hand are your bank details and your service
charge/major work reference number.




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
By Standing Order - If you want to pay by Standing Order, you will need our bank details:
London Borough of Newham Income Account
Lloyds Bank PLC
City Office
P O Box 72
Bailey Drive
Gillingham Business Park
Kent, ME8 0LS


Sort Code:                       30-00-02
Account Number:                  00879113


It is important that if you pay by Standing Order, that you advise your bank of any changes to
the amounts of service charges that you have to pay.


Over the internet - You can also check your balance and pay by debit card by logging onto the
London Borough of Newham’s website at www.newham.gov.uk/payit


Over the phone - You can pay over the phone using a debit (or credit) card by calling   Tel:
020 8430 3500. Follow automated instructions selecting option 2 to pay housing rent and
leasehold charges and then option 1 to pay housing rent and service charges or Major Works or
Ground rent and enter the 10 digit payment reference number. Please have the payment
reference number, credit card number and card expiry date to hand. An answer machine
service is available between 8 pm and 8 am


By post - You can send a cheque or postal order to:
Leasehold Services
2nd Floor Bridge House
320 High Street
London, E15 1EP


Please ensure that all cheques or postal orders are made payable to the London Borough of
Newham, and that your 10 digit payment reference number is quoted on the reverse.


Payment Problems - Should you have difficulty paying this invoice please call Tel: 0800 952
9000 and a Leasehold Customer Services Officer will be able to assist




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
Keeping us up-to-date


If the name or correspondence address on your invoice is wrong - For example, if you
receive an invoice that is not in your name, this may be because you have only recently bought
your property. Please contact your Leasehold Customer Services Officer so we can tell you
what information we need to change our records.


If you are renting out your property - If you want to rent out your property, which is known as
“subletting”, you must contact your Leasehold Customer Services Officer. Under the terms of
your lease you must obtain permission to sublet.


There is a registration fee of £40 and you will need to supply a copy of the Tenancy Agreement
with your tenants. Please give us your new address so we can make sure you get any
correspondence we send or if we need to contact you in an emergency.


Please note we will contact you if there are any problems with your tenants or their guests and
we will expect you to take action, in order to safeguard your lease.


If you want to carry out work to your property - If you live in a leasehold property and want
to carry out alterations or improvements to your home, for example, putting in new windows,
you must get permission first.


This is very important. Please contact your Leasehold Customer Services Officer and we’ll
explain what you need to do. You may be in breach of your lease if you carry out works without
permission and this may cause a problem if you decide to sell your property later on.




Essential Facts


This guide is a plain English look at some of the key issues relating to your lease.


What is the lease?
The lease is a contract between you and the owner (or freeholder) of the property you have
leased (in other words between you and the council). In the lease the council agrees to do
certain things and you agree to do things too. All of the details of these should have been
explained to you by your solicitor when you bought the lease on the property. Here are some
words and phrases which are often used in the lease


The Block - This means the block of flats that your flat is in.
The Common parts - This means the parts of the estate that are not physically part of your
block or any other blocks on the estate e.g. communal gardens.



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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
The Estate -   This means your block, any other blocks on the estate and any common parts.
The boundaries of the estate are shown edged blue on the plans attached to the lease.
The Lessee - This means you and anyone who leases the property too (e.g. your partner).
The Service Charge - This means the contribution that you have to make towards what the
council spends on maintaining the estate and the common parts and providing services such as
caretaking.




What was agreed when you signed the lease?


The council have agreed to:
         arrange a buildings insurance policy to keep the building insured against loss or
          damage by fire and certain other risks - the insurance will cover the full cost of
          rebuilding the block and you are entitled to see a copy of the insurance policy if you ask
         provide any necessary caretaking service for the estate
         provide your flat with a mains water supply, electricity supply, gas supply (where
          available) and sewers
         maintain, repair, redecorate and make reasonable improvements to the main structure
          of the estate but not inside your flat
         maintain the sewers, drains, channels, watercourses, gas and water pipes, drains, electric
          cables and wires, lifts and external walls and fences in your estate
         keep the passages, landings and other parts of the estate reasonably well lit
         look after, keep clean and generally maintain the gardens, forecourts, roadways and
          pathways on the estate
         serve notice on you or other leaseholders on your estate if the rules and regulations of your
          lease are not kept to (this could lead to the council taking your flat away from you)
         end your lease and repossess your home if you do not pay any amounts due under the
          lease within 21 days of them becoming due.


You have agreed to:
         live in your flat in a careful manner and not let it become damaged
         keep the flat clean and in a proper condition
         keep the inside of your flat in good repair and condition
         take out and pay for an insurance policy on your contents
         use the flat only as a private residence
         NOT do anything violent or do something which may cause offence, distress or
          endanger life or property
         NOT transfer or let your flat without first signing an agreement with the council
         if you sell the flat, mortgage it or let it to tenants you must notify the council within one
          month of the event happening and provide copies of the documents connected with this.



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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
         NOT carry out (or allow to be carried out) any work in your flat which involves supplying
          heat, power, light or energy unless you have obtained written permission from the
          council first in writing
         NOT make any alterations to your flat or structurally alter the walls or timbers in it
          without first getting the council’s permission in writing
         allow our employees and contractors into your home at any reasonable time to inspect
          the condition of your home and carry out repairs – the officers must give you at least 48
          hours notice (except in an emergency) of when they want to come in
         pay the council’s costs if they have to take legal action because you have broken the
          terms of the lease agreement, unless the court decides that you do not have to pay
         keep to any reasonable rules that the council make about the use of the estate which
          are to benefit everyone who lives on the estate
         keep any passage staircase or yard that you share with other people who live on the
          estate swept and clean
         put refuse in the dustbin provided by the council us and keep to the rules and
          arrangements relating to the collection of refuse
         be responsible for the good behaviour of members of your household and visitors or
          any person connected to you while they are in your flat or your block or any part of the
          estate.




What service charge costs have you agreed to pay when you signed the lease?


You have agreed to pay your share of the costs for repairs, improvements and other service
charges to your estate and pay a reasonable amount of your estimated service charges in
advance.


The council have agreed to issue annual actual service charge bills each September for the
year that ended on the previous 31 March and issue estimated services charge bills for the year
ahead in April each year.


You will also receive an annual Ground Rent bill in January each year.




Frequently Asked Questions


Q          Can I get a list of repairs that were carried out?
A          Yes. Please contact your Leasehold Customer Services Officer.




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
Q      I have a credit on my service charge account because the estimate was higher
than the actual. Can I get a refund?
A        Please write to your Leasehold Customer Services Officer for a refund. You can only
get a refund if your account is in credit. If you have a credit for but you still owe money for the
previous bills we will not give you a refund.


If you owe money for Major Works bills we will not give you a refund, as we will use this to pay
that debt.


Q          What if I am not happy with the level of service provided?
A          Although Newham Council does its best to ensure services are maintained to the
highest standard, occasionally, for many reasons, this doesn’t happen. If you are dissatisfied,
you should contact your Leasehold Customer Services Officer. We will investigate your query
and if it is confirmed a service was not provided, we will put a credit on your account for that
period.


Q          Why are my costs different to my neighbours?
A       Some leaseholders’ contribution towards costs are different from their neighbours. This
can be for several reasons, the cost calculation depends on your “estate plan”, the type of lease
you have and the Rateable Value of your property.




The “estate plan”


When a tenant applies for the Right to Buy:
         Each property is surveyed
         Each survey produces a plan of the flat in relation to the surrounding properties
         This contains a blue line around the “estate”
         The “estate” designates the “properties included in the estate”
         The lease refers to the “properties included in the estate”, in relation to calculating the
          rechargeable costs for any services supplied within the estate
         Therefore a different “estate” means a different “estate cost”
         Different “estate costs” mean different leaseholder costs.
It is worth noting that depending on the time the property was surveyed, and the surveyor, the
“estate plan” may differ for similar properties.


Although it is now requested that the surveyors refer to other “estate plans” for similar
properties, to obtain some continuity, in the past this was not so, therefore “estate plans” may
differ from property to property. Thus, although the flat may be of the same type, the lease
states we must calculate your costs by using the estate plan attached to your lease. This may
make your costs different from your neighbour’s, however, legally we have no option but to
recharge on this basis

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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
The lease

Another factor that can affect the amount you are recharged is your lease type. To date there
have been 14 lease types, where various changes have been made over the years. Your lease
type depends on the time you completed the purchase of your property. But basically the main
differences affecting recharges of major works are that improvements can not be recharged for
the early leases (types 1 & 2), however repairs can be recharged.




The Rateable Value (RV)


The RV is used in the formula to calculate your costs.


The formula is: Estate cost x Property RV / Estate RV


So if your Property RV is higher than your neighbours, your cost would be greater.


Why would your RV be higher? Because you have more facilities than your neighbour - e.g.
more bedrooms.




Summary of rights and obligations for leaseholders


To comply with legislation we have to include the following text with service charges
demands to leaseholders. The wording is fixed by law, and so we are not allowed to
change it. By “tenants” we mean leaseholders.


Service Charges – Summary of tenants’ rights and obligations
1. This summary, which briefly sets out your rights and obligations in relation to variable service
charges, must by law accompany a demand for service charges. Unless a summary is sent to
you with a demand, you may withhold the service charge. The summary does not give a full
interpretation of the law and if you are in any doubt about your rights and obligations you should
seek independent advice.


2. Your lease sets out your obligations to pay service charges to your landlord in addition to
your rent. Service charges are amounts payable for services, repairs, maintenance,
improvements, insurance or the landlord’s costs of management, to the extent that the costs
have been reasonably incurred.




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
3. You have the right to ask a leasehold valuation tribunal to determine whether you are liable
to pay service charges for services, repairs, maintenance, improvements, insurance or
management. You may make a request before or after you have paid the service charge. If the
tribunal determines that the service charge is payable, the tribunal may also determine-
         Who should pay the service charge and who it should be paid to;
         The amount;
         The date it should be paid by;
         And how it should be paid.


However, you do not have these rights where:
         A matter has been agreed or admitted by you;
         A matter has already been, or is to be, referred to arbitration or has been determined by
          arbitration after the disagreement about the service charge or costs arose; or
         A matter has been decided by a court.


4. If your lease allows your landlord to recover costs incurred or that may be incurred in legal
proceedings as service charges, you may ask the court or tribunal, before which those
proceedings were brought, to rule that your landlord may not do so.


5. Where you seek a determination from a leasehold valuation tribunal, you will have to pay an
application fee and, where the matter proceeds to a hearing, a hearing fee, unless you qualify
for a waiver or reduction. The total fees payable will not exceed £500, but making an application
may incur additional fees, which you may also have to pay.


6. A leasehold valuation tribunal has the power to award costs, not exceeding £500, against a
party to any proceedings where-
         It dismisses a matter because it is frivolous, vexatious or an abuse of process; or
         It considers a party has acted frivolously, vexatiously, abusively, disruptively or
          unreasonably.


The Lands Tribunal has similar powers when hearing an appeal against a decision of a
leasehold valuation tribunal.


7. If your landlord:
          Proposes works on a building or any other premises that will cost you or any other
           tenant more than £250, or
          Proposes to enter into an agreement for works or services which will last for more than
           12 months and will cost you or any tenant more than £100 in any 12 month accounting
           period,




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP
          Your contribution will be limited to these amounts unless your landlord has properly
           consulted on the proposed works or agreement or a leasehold valuation tribunal has
           agreed that consultation is not required.


8. You have the right to apply to a leasehold valuation tribunal to ask it to determine whether
your lease should be varied on the grounds that it does not make satisfactory provision in
respect of the calculation of a service charge payable under the lease.


9. You have the right to write to your landlord to request a written summary of the costs which
make up the service charges. The summary must:
          Cover the last 12 month period used for making the accounts relating to the service
           charge ending no later that the date of your request, where the accounts are made up
           for 12 month periods; or
          Cover the 12 month period ending with the date of your request, where the accounts
           are not made up for 12 month periods.
The summary must be given to you within one month of your request or six months of the end
of the period to which the summary relates whichever is the later.


10. You have the right, within six months of receiving a written summary costs, to require the
landlord to provide you with reasonable facilities to inspect the accounts, receipts and other
documents supporting the summary and for taking copies or extracts from them.


11. You have the right to ask an accountant or surveyor to carry out an audit of the financial
management of the premises containing your dwelling, to establish the obligations of your
landlord and the extent to which the service charges you pay are being used efficiently. It will
depend on your circumstances whether you can exercise this right alone or only with the
premises. You are strongly advised to seek independent advice before exercising this right.


12. Your lease may give your landlord a right of re-entry or forfeiture where you have failed to
pay the charges which are properly due under the lease. However, to exercise this right, the
landlord must meet all the legal requirements and obtain a court order. A court order will only be
granted if you have admitted you are liable to pay the amount is due. The court has a wide
discretion in granting such an order and it will take into account all the circumstances of the
case.




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Newham Leasehold Services | 2nd Floor, Bridge House | 320 High Street |London | E15 1EP

								
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