Please help! Housing Society land rental issue!

ReVamped

Hi guys!

I am after some advice if anyone can help! I will try to keep this as short as possible. In 2004 between us (no. 17) and our neighbours (no. 19) applied for vehicle access to the front of our houses (drives put down, etc.). Access was granted. The requirement was that dropped kerbs be provided and the grass area in front of our houses be laid down to tarmac (£375 each). There was a license set up by the Housing Society that owns the grass area for which both houses pay £100 pa for the use of the land for access. The licence was signed and all was going fine.

In 2008 our other neighbours (no. 15) opened up the front of their garden for vehicle access. To get to the garden their car had to be driven over the tarmac we had laid previously (we have no problem with this). At this time it transpired that no. 19 had never signed the licence and had not been paying the £100pa. We contacted the Housing Society to find out why we were the only people paying for access when there were three houses using the access but with limited response.

The next we heard was from no. 15 who told us that they had received a letter from the Housing Society saying that we had complained about them! We had done no such thing! They had also been told that they could not have a drive at their front and if they persisted the Housing Society would evict them (they are tenants whereas we and no. 19 are privately owned). We phoned to complain and request an apology to no. 15 but nothing happened.

In November 2008 we received a letter from the Housing Society stating that they had been unable to resolve the issue with no. 19 and as we had jointly constructed the access we now had to restore it to grass so that no. 19 could not use it. I phoned the Housing Society and asked what they were trying to do and they backed down stating that we don’t have to restore it.

The icing on the cake is that we have recently received our invoice for the £100. My wife spoke with the Housing Society to confirm that no. 19 are now paying and they told her that they aren’t paying and they won’t be taking them to court because of the cost involved. This means that we are now paying for both houses. Is there anything that we can do?

tbs624

So you and the occupants of no 19 were both supposed to pay £100 pa each, not jointly?

If that is the case, it is none of your business whether the neighbours pay up or not - if you are still paying just the 100 quid you are surely *not* paying for both houses, you are paying what you agreed to pay in respect of your own property. You were obviously happy with the agreement that you should pay £100pa and it is the principle that your neighbour has seemingly "got away" with not paying their charge that is getting to you, rather than the actual fee?

IMO you have 2 choices: write to the Housing Society explaining that you view the situation as inequitable and that you expect them to deal with both parties in the same manner & accordingly you will not be making your own payment, or you continue to pay it and get on with life.

If you choose the first option you can hope that the Housing Society will also view it as not financially viable to pursue you, however, as you signed the licence, and it transpires that your neighbour didn't, the Society may decide otherwise. The Housing Society should have a formal complaints procedure but I think I'd be looking at how much your own time was worth, and I'd also look at how you are likely to further sour relations with your immediate neighbours.

No doubt when either of your properties come up for sale there will be some adjustments to be made, indemnity policies to be paid out for etc.

If you are on low income and you really want to pursue the matter try the nearest CAB for advice.

ReVamped

Thanks for the quick response tbs624! You are absolutely correct, the £100pa was individually.

I am not trying to sound bitter or petty and we are on good terms with both of our neighbours and I have no wish to change this but it has just been the way the Housing Society have seemed to approach the matter. What made it our business was the way the Housing Society expected us to do their dirty work and pursue our neighbours for their payment with the threat of if they didn't pay we would have to put the access back down to turf. As you said "it is none of your business whether the neighbours pay up or not".

Thanks for your advice though. I shall write to the Housing Society as you suggested just to see what their response is.