Housing estate management

propertyman

qweetcher wrote: »

I don't know how you have come to the conclusion that the contract is unlikely to be unfair. The legal advice we've had confirms that the contract is unfair.

Many householders have contacted Meadfleet as the service is unsatisfactory, in line with the legislation. .

Because the advice received is likely incorrect- I /we specialise in this area, if you take Counsel's advice you will find that out.

Moreover there is no applicable legislation, no there isn't, on the control of service chargesa unless the services relate to a dwelling house, ie not simply amenity land and amenity services.

What you relate is that their behaviour is unfair not the contract, and I have pointed out the legal basis on which you can act either contractually or under the 82 Act.

Don't be one of those people who want to wallow in the issue and force it into how you want the law or contract to be- use the law that does protect you- see the earlier post.:)

qweetcher

propertyman wrote: »

Because the advice received is likely incorrect- I /we specialise in this area, if you take Counsel's advice you will find that out.

Moreover there is no applicable legislation, no there isn't, on the control of service chargesa unless the services relate to a dwelling house, ie not simply amenity land and amenity services.

What you relate is that their behaviour is unfair not the contract, and I have pointed out the legal basis on which you can act either contractually or under the 82 Act.

Don't be one of those people who want to wallow in the issue and force it into how you want the law or contract to be- use the law that does protect you- see the earlier post.:)

By counsel I take it you mean a Barrister's opinion? Without you actually perusing the finer details it's difficult for you to know exactly what we're faced with. However, a barrister who has had everything in front of him and had time to go through everything would be in a better position to have an opinion.

I'm interested to note that you say you specialise in this area. Perhaps you could advise on how to proceed. I would prefer contact through a private message. Thanks.

tim123456789

he's already done that:

He's told you that he thinks your only remedy is via "consumer" law to enforce, in simple terms, "a fair price for the service provided" (or "a sufficient service for the price charged").

he says that you have no rights under property law as you aren't leaseholders (A mistake that I first made, that I later corrected).

And whilst on the subject of "consumer law", it may be that relatively new and somewhat untested: "Consumer Protection from Unfair Trading Regulations 2008" is applicable here (but you'll have to read it carefully as mostly it's about prohibiting marketing guff)

bazaar_2

so any news from anyone?
Some people on our estate have had threatening letters, even though theyve paid up. looks like they just want to scare everyone. Quite have not paid, some have solicitors begging, so looks like MF are flexing their muscles without dealing with their issues.

chloe002

Hi sorry if I'm repeating questions. We bought the property from Bellway and must have signed the clause binding us to MF unknowingly. Why do they have the right to charge us when our pproperty is Freehold? To make it worse, we are in Scotland while they are based in England. We similarly haven't seen any services. I suspect we will end up paying in order to avoid court actions.

bazaar_2

chloe002 wrote: »

Hi sorry if I'm repeating questions. We bought the property from Bellway and must have signed the clause binding us to MF unknowingly. Why do they have the right to charge us when our pproperty is Freehold? To make it worse, we are in Scotland while they are based in England. We similarly haven't seen any services. I suspect we will end up paying in order to avoid court actions.

if its a contract and they havent kept their end of the deal, (IE, failed to do any work as per the schedule, no evidence to support their claim, no card through your door to prove the inspections are being carried out.) Then they have breached the contract, I wonder what any court would make of it?

Ulfar

Is there anyway to terminate the agreement, especially if they have failed to fulfill the contract ?

propertyman

No because they own the land. The remedy is that they are required by the court to perform the terms of the contract.