Rent and service charges

This information is for residents who have concerns about a charge they have paid or been asked to pay by their landlord.

What rent and service charge issues can the Housing Ombudsman consider?

We can consider complaints about the management of your rent or service charge account such as:

how a fee has been worked out
a refund request
the level of service provided for a fee
a landlord’s handling of your enquiry about rent or service charges

If you disagree with your level of rent or service charge, or an increase in the rent or service charge, it is unlikely that we will be able to investigate your complaint.

If you have a concern about a charge and you are unsure if we can consider your complaint, please send us a copy of your landlord’s complaint response to the issues you have raised, and we will consider whether we are the right service.

Helpful Links

Concerns about the level of your rent

Residents

If you are having issues paying your rent, you must speak to your landlord. Your landlord should be able to support you to get financial help and signpost you to agencies that might be able to help you.

If you are a social housing tenant and think your rent is too high, you can apply to First-Tier Tribunal – Property Chamber (Residential Property) to have this decided.

First-tier Tribunal (Property Chamber) - GOV.UK (www.gov.uk)

Important - the Tribunal may decide to put the rent up if they think it is lower than comparable properties in the area. Contact the Tribunal, Citizens Advice or Shelter for more information.

Dealing with a rent increase - Citizens Advice

Dealing with a rent increase if you claim benefits - Shelter England

Leaseholders

If you are a leaseholder or shared owner, the level and frequency of rent increases should be detailed in your lease agreement. For advice about the terms of your lease, you could contact the Leasehold Advisory Service.

The Leasehold Advisory Service (lease-advice.org)

Concerns about the level of service charge

Service charges are payments that a leaseholder or a resident must pay for the cost of services provided by a landlord.

There are 2 main types of service charges the Ombudsman sees complaints about:

Variable service charges: These are charges that change based on the costs incurred by the landlord. The landlord can alter depending on costs incurred, but it must give you notice of the variation

Fixed service charges: A fixed service charge is set by the landlord at the start of the lease or tenancy agreement.

The First Tier Property Tribunal may consider a dispute about the level of a variable service charge but cannot consider fixed service charges as these charges are a contractual obligation between the landlord and the resident or leaseholder. A dispute in respect of the level or reasonableness of a fixed service charge should be referred to the court.

If you need help with the level of the service charges you are paying you can contact one of the agencies below for help.

Leasehold Advisory Service

Shelter Legal

Insight on service charges

In December 2023, we produced a special report into charges which provides updated guidance and information on the type of complaints we will consider.

Insight report on service charges and the Ombudsman’s jurisdiction pdf