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Leaseholder Service Charge Dispute Resolution Policy
1. Introduction
1.1 When calculating service charges, we always try to make sure we:
- Calculate them correctly and fairly and in accordance with the lease
- Follow the legal consultation requirements
1.2 This Policy outlines what action you can take if you feel we have not done this, and what we’ll do to resolve your dispute.
1.3 When we use ‘you’ and ‘your’ we mean the leaseholder who is responsible for paying the variable service charge. The terms ‘we’, ‘our’ and ‘us’ mean Norwich City Council.
2. Scope
2.1 This Policy applies to service charge disputes made by leaseholders who pay a variable or fixed service charge.
2.2 We provide the service charge dispute resolution service if you want to challenge:
- The reasonableness of a service charge; or
- The Section 20 consultation process
2.3 You can dispute the reasonableness of what we’re charging for services provided by us or anyone working for us.
2.4 We deal with concerns related to the following outside this Policy:
- Where legal action has started in relation to the dispute. In these circumstances, our solicitors will liaise with your legal representative. We are unable to handle complaints which your (or our) solicitors are dealing with at the same time
- Matters which are being handled as an insurance claim.
You have the right to apply to the Ombudsman and the tribunal service, to challenge any service charges that you feel are unreasonable.
3. How can I dispute my service charges?
3.1 You must raise your concerns within six months of the date you are billed for the service / works in dispute. If more than six months have passed, we‘ll consider your dispute if there are unusual circumstances.
3.2 When disputing your service charge, you need to:
- Back up your dispute with evidence
- Explain how you would like us to resolve it.
3.3 We expect you to behave reasonably. We are unable to accept or resolve your dispute if your behaviour is unreasonable, for example if you:
- Threaten, verbally abuse or attack our staff
- Are rude or offensive to our staff
- Make approaches to several members of staff, at the same time, about the same issue, after we’ve agreed one point of contact.
3.4 If you prefer, you can authorise someone else to raise a dispute on your behalf i.e. an ‘advocate’.
This could be a friend/relative or representative from an external organisation (such as Citizen Advice). We’re unable to accept an advocate who is a solicitor or a person who is legally trained. This is because our service charge dispute process is not a legal process. If you authorise an advocate to act on your behalf, you must inform us in writing (including email).
4. What is the dispute process?
4.1 When you first let us know you’re unhappy with your service charge, we’ll try to resolve the issue outside of our formal process.
4.2 If you’re still unhappy with the service charge issue, you can ask for it to be dealt with formally under the council’s complaints process.
5. The formal complaints process
Norwich City Council operates a two-stage complaints process. We will endeavour to resolve the complaint to the resident’s satisfaction at stage one, however in the event this cannot be achieved, we will progress the complaint to stage two following an escalation request from the complainant.
Our complaints policy is published on our website.
6. Closing cases
6.1 We will close a dispute when:
- We reach an agreement with you, and we’ve completed all agreed actions, meaning there’s no further dispute or;
- You don’t engage with us.
7. Independent review – Ombudsman
7.1 You can contact the Ombudsman Service at any point throughout your complaint for advice. They will not investigate your complaint until you have completed our two-stage complaint process.
8. Independent review – tribunals
8.1 If you disagree with the outcome of the complaints process, you can apply to the First-tier Tribunal (Property Chamber) (FTT).
8.2 Tribunals are part of the Her Majesty’s Courts and Tribunals Service. Each Tribunal usually consists of three members: a lawyer (who is often the chairman), a valuer and a lay person.
8.3 The Tribunal is entirely independent and impartial in its approach. There are five regionally based Tribunal offices (London, Northern, Midland, Eastern and Southern).
9. Review
9.1 We will review this Policy to address legislative, regulatory, best practice or operational issues, otherwise every 3 years.
Published: 5 May 2024
Next review date: May 2027
