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    • Steven_A
    • By Steven_A 12th Jun 17, 12:52 PM
    • 8Posts
    • 5Thanks
    Steven_A
    Is the property information sheet (TA6 form) legally binding
    • #1
    • 12th Jun 17, 12:52 PM
    Is the property information sheet (TA6 form) legally binding 12th Jun 17 at 12:52 PM
    Hello,

    I'm wondering if anyone can help with a little problem I currently have.

    I am in the process of selling my home. It is a freehold property on a new development. When I say new - it is part of a renovated church.

    When buying the property off the developers we were told there was no service charge to be incurred. We have never had a bill before (we moved in september 2014)

    Last week I received a bill for services charges from them. (putting bins out, gardening, window cleaning etc)

    I remember being told we did not have to pay any management fee. I checked my papaerwork from buying the house and on the TA6 proeprty information form they have clearly ticked the box the says "no management fee"

    Is this legally binding does anyone know?

    As I am no selling, I want to sell the property as I bought it with no charges applied.

    Would the developers I bought the property off be able to say their TA6 form was in error and I should have been paying?

    They are asking for a meeting with us about this now.

    I'm thinking of just passing them to our solicitors to deal with to resolve it

    Any comments / advice would be great!

    Thanks in advance

    S
Page 2
    • Steven_A
    • By Steven_A 13th Jun 17, 9:08 AM
    • 8 Posts
    • 5 Thanks
    Steven_A
    Cheers David.

    Is there a specific form that a managing agent should have showing we signed up to a service charge?

    Or is it just in the title documents?
    • moneyistooshorttomention
    • By moneyistooshorttomention 13th Jun 17, 9:53 AM
    • 13,962 Posts
    • 37,941 Thanks
    moneyistooshorttomention
    Thanks for all the responses - very helpful.

    My gut feeling is that now we are selling the property they have noticed an opportunity to put the cost onto the person buying the house.

    I'm worried it can affect the sale but hopefully it can be put to bed using some of the advice above

    Thanks very much everyone
    Originally posted by Steven_A
    I agree. I think they know you are selling and see this as an opportunity to "put things right" (in their opinion).

    But I wouldnt want the paperwork amended for future buyers either - as it could put them off.
    #MeToo

    Why should our needs override the needs of all other living species? What makes us so special? (Brigit Strawbridge)
    • davidmcn
    • By davidmcn 13th Jun 17, 9:57 AM
    • 6,111 Posts
    • 5,857 Thanks
    davidmcn
    Cheers David.

    Is there a specific form that a managing agent should have showing we signed up to a service charge?

    Or is it just in the title documents?
    Originally posted by Steven_A
    You've told us there isn't anything in the title documents.

    Apart from that, anyone can contract with someone for the provision of window cleaning / gardening / putting out bins services - if you've agreed to pay those charges then you need to pay them. That's just normal contract law, nothing really to do with property ownership. But it sounds like you haven't agreed to pay them.
    • Steven_A
    • By Steven_A 13th Jun 17, 10:21 AM
    • 8 Posts
    • 5 Thanks
    Steven_A
    Sorry I was unclear then.

    Yes, there is nothing in the title documents.

    I just wasn't sure if there was some kind of proforma that the developers would have to show a serve / management charge was agreed.

    I asked the developers to provide me with something from their side to prove otherwise and they have said "We don't keep copies of any legal paperwork in relation to deeds etc at the office"

    i think i'm covered from my side.
    • Steven_A
    • By Steven_A 13th Jun 17, 10:22 AM
    • 8 Posts
    • 5 Thanks
    Steven_A
    agreed, i won't be agreeing to change that
    • sheff6107
    • By sheff6107 13th Jun 17, 1:21 PM
    • 442 Posts
    • 293 Thanks
    sheff6107
    If the seller never paid a charge they have answered in good faith. Your solicitor might well have asked for a copy of what charges they have paid
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