Housing association adding new charge for communal gardens

Renting
1

Asking for a friend… here’s the situation. She’s been renting a two bed flat from a housing association in Bristol for about four years. Up until now the communal garden maintenance has always been included as part of the rent, no separate charge, nothing in the tenancy agreement about it being an add-on.

Last week she got a letter saying that from August they will be introducing a “grounds maintenance charge” of £18 per month on top of the rent. The letter says it is a “service charge” and that it reflects the actual cost of maintaining the shared areas. But the garden is tiny, we are talking about a small patch of grass and a couple of hedges, nothing fancy.

The thing is her tenancy agreement doesn’t mention any provision for additional service charges being added during the tenancy. It just says “rent” and gives the amount. So can they just introduce a new charge like this?? She is already stretched thin and £18 a month is not nothing when you’re on a tight budget.

A couple of questions really – does the HA need to formally vary the tenancy agreement to add a new charge, or can they just impose it?? And is there any route to challenge this, like a complaint to the housing ombudsman or similar?? Any help appreciated.

2

The tenancy agreement is the starting point. If it does not contain a provision allowing the landlord to introduce or vary service charges during the tenancy, they cannot simply impose one by letter. That said, many housing association tenancy agreements do contain a clause permitting the introduction of charges for services not previously provided, or a general variation clause. Your friend needs to read the agreement very carefully, not skim it. If there is no such clause, the HA would need to either seek a formal variation of the tenancy or argue that it falls within their general powers under the housing association’s rules, which is a weaker position. The Housing Ombudsman can look at complaints about service charges but they tend to focus on process rather than quantum. If the HA has not followed its own procedures that is the strongest ground for challenge.