Service charge

comeandgo

Who owns the land? If it is the homeowners then there would be insurance in case a child or nun hurts themselves and sues the land owner. You should be getting a statement at least yearly to show the costs and how they are divided, whether it's by house or if a formula is used on size of house I.e. 5 bedroom pays more than 2 bedroom.

DavidT67

I would expect there will be a property management company in place already. It will own the pieces of land being maintained by the contractor.

You as a property owner should be a member of that company, check with your conveyancer who should of highlighted this to you at the time of purchase.

The members of the company, can either choose a managing agent or do it themselves. The company should also have directors chosen from the resident members.

Initially this would all have been setup by the builders at their discretion.

So now you need to do some research.
Who owns the land? Is there a management company in place? Who are the directors and members?
Who is the managing agent? Who appointed the contractor?

If your conveyancer doesn't know; then check land registry and companies house.

Hope this helps

eddddy

cooltt wrote: »

Not correct i'm afraid, Right To Manage does not depend on the tenure of the property.
When you pay into the pot (service charge) contractually or otherwise, you have a right to challenge whats done with that charge hence the RTM legislation.

That's interesting. Which RTM legislation are you referring to?

Because the Commonhold and Leasehold Reform Act 2002 Part 2 specifically refers to flats and long leasholders....

Chapter 1
RIGHT TO MANAGE

...

72 Premises to which Chapter applies

(1)This Chapter applies to premises if—

(a)they consist of a self-contained building or part of a building, with or without appurtenant property,

(b)they contain two or more flats held by qualifying tenants, and

(c)the total number of flats held by such tenants is not less than two-thirds of the total number of flats contained in the premises.

...


75 Qualifying tenants

(1)This section specifies whether there is a qualifying tenant of a flat for the purposes of this Chapter and, if so, who it is.

(2)Subject as follows, a person is the qualifying tenant of a flat if he is tenant of the flat under a long lease.

Link: http://www.legislation.gov.uk/ukpga/2002/15/part/2/chapter/1