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Mutual Covenant meaning

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    EuroPean wrote: »
    .... My lease says: To keep garden areas forming part of the Premises in good horticultural order.



    Short story is the Managing Agent has been doing this for years (being paid for through the Service Charge) and all of a sudden stopped doing it without giving any notice,



    - very naughty I think!
    Would have saved a lot of time and speculation if you'd said that in your first post!


    Nothing naughty there except perhaps that for some years the other leaseholders have been paying via their service charges for work that you should have been doing....!


    The managing agent has now realised this (I wonder if another leaseholder complained?) and has done the right thing.
  • eddddy
    eddddy Posts: 18,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 September 2019 at 7:45AM
    EuroPean wrote: »
    @davidmcn - that's precisely what's happening (and again my apologies to all for the vagueness of my info today). My lease says: To keep garden areas forming part of the Premises in good horticultural order. Premises being the areas outlined in my lease and the front garden is the area that I'm enquiring about. Short story is the Managing Agent has been doing this for years (being paid for through the Service Charge) and all of a sudden stopped doing it without giving any notice, I make an enquiry and a faff and a half later they point out that it's in your lease lease and therefore yours to manage. But arbitrarily decided to make this decision without consulting me first - very naughty I think!


    It's not really naughty of them not to consult you.

    It's naughty that they have been charging leaseholders for maintaining your garden for years. In theory, the leaseholders might be able to claim the relevant money back.

    I guess the managing agent is trying to keep quiet about their mistake, to avoid complaints/claims from all the leaseholders who have overpaid.

    But if you alert other leaseholders, I guess they might also be angry with you for letting the managing agent do your gardening for so many years, and splitting the cost amongst them all.

    In the circumstances, I think I would just keep quiet about it, and be pleased that I had discounted gardening for a few years.
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