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sofsofsof

DELETE please thank you

HampshireH

Not a legal expert but from what you have said you you have in writing you are required to pay the management free (though if not in the actual lease I am not sure how this is enforcable. However it doesn't look like you are required by contract to pay the estate maintenance fees.


That said what purpose would an association serve if not managing services of some description

G_M

sofsofsof wrote: »

...... Solicitor notes that, "There is no formal service charge requirements within the lease"
she notes our duties include:
"to pay rent and insurance rent" (guessing this is rent and buildings insurance?
"on demand to pay a share of the cost of the management of the association"
That's a start, but please quote, in full,

* all clauses (if any) within the lease itself relating to maintenance, upkeep, management, the association etc.
* similar from the leasehold Title.

I'm not familiar with shared ownership schemes, but understand his involves renting a % of the property (from A N Other?). There must also therefore be contractual agreement in place between you and A N Other. So please quote, in full, all clauses (if any) within this contract relating to maintenance, upkeep, management, the association etc.

sofsofsof

HampshireH wrote: »

Not a legal expert but from what you have said you you have in writing you are required to pay the management free (though if not in the actual lease I am not sure how this is enforcable. However it doesn't look like you are required by contract to pay the estate maintenance fees.


That said what purpose would an association serve if not managing services of some description

Hi, solicitor states there are no formal service charges stated in the lease, we basically have no communal area or gardens to maintain as we are not a flat, and other houses near us are either houses or outright owned.
There is a clause where they can 'from time to time' ask for a management of association fee of no more then 4% of the rent but this is not what they are asking for.
If there are no formal service charges stated in the lease and no communal area to maintain, it has to be a mistake.
If they stick to guns then i guess they are in breach of lease some how?

eddddy

sofsofsof wrote: »

it doesnt mention a service charge at all anywhere

This looks like the reference to the service charge:

sofsofsof wrote: »

It also mentions, interestingly, to pay a "reasonable proportion of maintainance and upkeep to property and neighbouring properties that includes: joining walls, fences, driveways, gutterings)

i.e. A service charge is a proportion of the maintenance and repair costs that you must pay your freeholder.

sofsofsof wrote: »

but this does have me questioning.. whats a 'reasonable proportion'? do they have to in theory help us pay for a new boiler for example??

If you mean the boiler in your property, that almost certainly belongs to you, and not to the freeholder. So the freeholder has no involvement in buying or paying for a new boiler for you.

shortcrust

As people have taken the time and trouble to reply it seems only fair that people can see what they were replying to:

hi, so im on shared ownership scheme with a 2 bed house.


every month we pay rent and buildings insurance.


i got a letter this morning saying about my new service charge with them. under this it has buildings insurance listed as normal however they have added a new service charge for the area/grounds called gardening/andor tree works valued at £10.10 and a management fee of £1.52 per year, now i know this is not a lot but it is the principle of matter and i am worried about future random new service charges they fancy throwing at us.



Now worrying about this my first port of call was to refer to lease and what it mentions there. Solicitor notes that, "There is no formal service charge requirements within the lease"
she notes our duties include:
"to pay rent and insurance rent" (guessing this is rent and buildings insurance?
"on demand to pay a share of the cost of the management of the association"


can anyone tell me if this means in essence we shouldnt be having to pay for this new random tree/garden stuff?

Bluebonnie

The rent goes to somebody with whom you have an agreement: that firm, call it X, owns a percentage of your house. Does your two bedroom house have a garden? If so it's in the interest of X that the garden is maintained including trees, so that X's percentage of your house isn't damaged.

It would be helpful if you would answer G_M's questions in post number 3.