Dealing with disputes
Disputes Resolution helps to identify key issues which would otherwise result in legal action being undertaken over service charges or major works.
These are about the legality and reasonableness of service charges and major works which can be aired before court and legal expenses are incurred by you and Hackney Homes.
The
Disputes Resolution Services leaflet briefly explains the service. The following
guidance notes provide a more detailed explanation of the procedures.
Contact Details
- Service Charge Team
Phone: 020 8356 2299
Email: Service.Charges@Hackneyhomes.org.uk - Opening hours: 9am-5pm (Monday - Friday)
- Address: 298 Mare Street, Hackney, London, E8 1HE
Taking your concerns to the Leasehold Valuation Tribunal - dealing with your enquiry, complaint and/or disputes
There may be occasions when disagreements regarding service charges occur. If you are dissatisfied with your service charges or the service you receive from us, we encourage you to speak to us first to allow us to try and resolve the problem.
We try to deal with your concern informally but where we are unable to do this, you may wish to make a formal complaint by going through our Complaints Procedure.
Another option is the Dispute Resolution Service (DRS), aimed at further helping to resolve your concern. This service allows you to have a panel of people decide your case and to reach a decision about whether your dispute is justified. For your concern to be classified as a dispute, there must be some legal argument or contractual requirements that need to be looked into. The service provides opportunity for mediation and both parties must agree to it being held. Please note that refusal to pay will not necessarily make your concern a dispute.
There may however be times when our responses to either your enquiry, complaint or our decision regarding your dispute may not satisfy you. In such instances, you may wish to direct your concern to an independent body such as the Ombudsman and/or Leasehold Valuation Tribunal. Where you think there has been maladministration in the way we handled your concern, you may approach the Ombudsman. However, the Ombudsman will only look into the case if you have exhausted the available internal remedies. The Ombudsman will advise as to whether there is evidence of maladministration. Where evidence is found, a direction will be given to Hackney Homes to take steps to remedy this.
For matters relating to service charges dispute, you may wish to direct your concern to the Leasehold Valuation Tribunal, known as LVT or the Residential Property Tribunal Service (RPTS).
The LVT is an independent body set up by the government to assist in disputes arising between landlords and leaseholders. The LVT deals with matters such as assessing the reasonableness of service charges, whether the charge is payable and how much is payable. An application fee is payable when using the LVT and a hearing cost may also be charged (if applicable).
It is possible that a leaseholder can reclaim the cost of their application and hearing from the Landlord, if they are successful in their case. If you or your partner is receiving certain types of social benefits such as income support or job seekers allowance, you may be eligible for this fee to be waived.
The application fee payable is dependent on the amount of service charges in dispute and can range from £50 to £350.
The LVT panel usually consists of a layperson, a Surveyor and a Lawyer and cases are decided informally and you do not need to be represented by a lawyer, unless you so wished. The LVT can decide cases without the appearance of the parties to the dispute if so wished.
To obtain more information about the LVT, please contact the following address RPTS, 10 Alfred Place, London, WC1E 7LR, phone 020 7446 7700 or fax 020 7637 1250 or email London Rap