TP1 and Residential Managing Agent

G_M

hyposmurf wrote: »

Thanks for your feedback I've looked at that TP1 and don't have a panel 12, but a part 12?Part 12 just refers to operative provision, recitals and who the deed is between. Panel 12 appears to be just on the form you submit.
Could you elaborate on your comment above please?Do you think a Managing agent can alter the terms as set out tin the TP1?

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Look again at the link I gave you in post 2 above.

The notes to Panel 12 state:

Use this panel for:
 definitions of terms not defined
above
 rights granted or reserved
 restrictive covenants
 other covenants
 agreements and declarations
 any required or permitted statements
 other agreed provisions.
The prescribed subheadings may be
added to, amended, repositioned or
omitted.
Any other land affected by rights granted
or reserved or by restrictive covenants
should be defined by reference to a plan.

I have no idea what you are looking out, but in post 3 you confirmed you were referring to my link.

hyposmurf

loubel wrote: »

They haven't breached the terms of the service charge.

Terms of the lease I was refering to, the service charge is part of it and the lease defines the gate charge as being part of the estate charge, so effectively removing it from the service charge, sounds to me like the terms of the lease has been breached.Would make more sense to split more charges away from the service charge so they can be fairly allocated to residents, but again this is likley to be breaching the terms of the lease and not something the managing agent should be doing.

loubel wrote: »

They haven't breached the terms of the service charge.



Perhaps things like gardening costs are much smaller than costs to maintain the (presumably) electric gates and so much less disproportionate for everyone on the estate to pay for them. Presumably residents benefit from the landscaped areas being kept looking nice regardless of whether they physically use them anyway, unlike access gates which it sounds like only certain residents use.

Did your conveyancer not explain the implications of buying a property in a managed estate?

The costs are smaller when they are split between all residents for the gardening but would be higher if they are only allocated to those that have access to them.
No not all residentts benefit from the areas being maintained, the garden areas within estate areas are located within car park areas and they are not accesible unless you have right to use one of these car park areas. The gate charge was removed from the estate charge after my conveyancer had gone through the lease,so would've made no difference.