Service charges new build houses

moneyistooshorttomention

I'm wondering what the phrase "owners for the time being" means in legal terms.

As a layperson - what I mean by "for the time being" is something rather temporary. Hence I'm wondering if that phrase means the same thing in legal terminology (ie meaning the initial owners of the property).

Errrm...with you being one of the "initial properties of the property" I'm wondering if it means "You cop it - but subsequent owners of your house don't" iyswim - ie one of those covenants that doesnt transfer on to future owners.

Worth a check to establish for sure what it means.

SmashedAvacado

It’s badly worded and badly structured

For the time being means the owners from time to time - ie you and the other owners. I’d argue that the cost should be split in a dose and reasonable way based on utility and use. If you get none then your fee should be nominal.

comeandgo

You agreed in the purchase documents. Your neighbours will be delighted if you try and wriggle out of it as any shortcomings they will have to pay.

davidmcn

moneyistooshorttomention wrote: »

I'm wondering what the phrase "owners for the time being" means in legal terms.

It means whoever are the owners at the relevant time.

AdrianC

pod74 wrote: »

Indeed, but I am also not happy for my solicitor to flag this up during the process, I know I should have read the contract but isn't that what we pay solicitors for to point out any unusual terms etc?

Was your solicitor "recommended" by the developers or EAs?

Either way, remember that the solicitor never visited the development, and isn't psychic about your expectations and what you think is "fair" or not.

pod74

Thanks guys. Ok legally I have entered into this unknowingly. Comments about cul-de-sac and flats, that applies if I lived in the cul-de-sac or the block of flats. I don’t live on the development site, my address is even different to the others. That’s my point I now am financially responsible for a communities public area that I am separate from. I think the contract was standard and would apply to those who bought in the plot, my plot was an afterthought and am on the council owned road and not the new road. Just don’t want to pay for something I have no connection with

moneyistooshorttomention

In fairness - it's a reasonable assumption that the only bills a householder will be due to pay are their own (ie not paying towards any communal charges). At least if it's a house that would be everyone's assumption - unless/until they were told differently.

If solicitors visited properties (if only......) they'd have still come to the same conclusion, ie the house doesn't "use" those facilities over there at all and therefore wouldn't pay towards them, even if there was a charge.

It's fair imo for it to be pointed out clearly to someone wishing to buy a property if there are any bills other than normal household bills. A decent solicitor would have asked "Did you realise about x/y/z out-of-the-ordinary bills applicable to that property?"

eidand

there is no such thing as "reasonable assumptions" where new builds are concerned, people who go for one should check everything for themselves.

AdrianC

pod74 wrote: »

I don’t live on the development site

I strongly suspect that you DO live on the development site. Just... on the edge of it, with access to your property from outside, rather than through the body of the site.

pod74

Hi moneyistoshortatthemoment

Yes it’s a detached house off the development. Main development was a dairy factory, then the developers bought a small block of garages that was next to it where our house is now.