Breaching transfer agreements

jo03gra

Hi, I purchased a house almost 5 years ago on a newish (7 year) estate. Not sure why I didn’t see the big red flag out front when we bought it.

The detached house in built over looking a green space. A little cul-de-sac just off the main estate road with the green  in the middle and my house furthest in, practically on the green. There wasn’t even a fence or railing between my front garden and the green. The green has shrubbery, grass and trees.
The estate is managed by a maintenance company. They look after the gardens, hedges and grass areas along with the flats. All reside pay twice yearly for this service.

When we moved here we had to buy the maintenance pack and sign agreements one of which was “the green spaces are for all residents for rest and relaxation, but not for the playing of games.”

This last year has become a bit of an issue with kids playing football on the green. It’s literally right outside my window. My car parking space is to the front at the side of the house so you can imagine the car is hit quite often. 

Quite often I’d have kids flying through the garden into my windows when chasing a ball so husband popped up a little railing fence. Which has helped., although possibly against estatecrules 🙈

the problem is getting worse now as the kids are getting bigger at secondary school and what was a few little children playing on the green and passing a ball about has become a five aside pitch. Trees, flowers ruined.

 I cannot relax in my home. Tried speaking to the kids. Tried reasoning with their adults but the few people it effects are well out numbered by the rest of the estate ‘let the kids play’ ‘let’s put football nets on the green” “let’s fund for a park”
There is a council park at the side of the estate with a football pitch on it but they won’t go there.

The management company put up no ball game signs which were dug up immediately. They returned and put more signs which were taken down by parents.

They’ve sent letters stating the playing of football is breaching the terms of the lease.
The parents egg each other on on the estate Facebook page. It doesn’t concern the majority of residents so some wind others up and some remain quiet as to defend the green or it’s residents ends up with a mob mentality abuse.

Another letter has been sent to every house reminding no ball games in communal places and again ignored. The kids stand screaming, shouting and whacking great big Casey footballs towards my house as if it’s the football net, they have their parents blessing.

sorry this is so long 🙈
My point is I’ve been left with no choice but to put my home on the market. But the kids are out there so often that anyone driving past to look at the house will be immediately put off. 

I can’t say yes to viewings unless it’s early Saturday or before school finishes.

Can anything else be done? Do the management company have any real right to enforce these terms?
my home is being sold because of the stress it’s causing me after a long day in the NHS I can’t even come home to relax. It’s soul destroying.

Do I have any rights? Or do I just have to move? my home is being devalued or will be unsellable.

Jonboy_1984

Its funny, the kids playing together on the green outside, and the fact they felt it a safe enough community to leave toys out overnight was one of the biggest pulls for us in wanting our current house (after the size, price and usual basics) over others in the same town.

eddddy

It sounds really unpleasant for you.

One problem with selling is that you'd probably have to declare to the buyer that you'd made complaints to the management company and to other residents about the games etc, which might scare the buyer away.

You mention a lease - is your property leasehold?  The lease should say how you can ensure that covenants (or rules) can be enforced.


Often leases say that you can insist that the freeholder enforces covenants (or rules). The enforcement process might be like this:

• The freeholder (or their managing agent) sends letters to the relevant leaseholders - which they have done

• The freeholder instructs solicitors to send letters warning of legal action to the relevant leaseholders

• The freeholder starts legal action to forfeit leases of leaseholders who are breaching the covenants (i.e. legal action to repossess their homes)

But realistically, you'd need detailed evidence to go down that route, maybe: a diary of incidents; photos/videos that identify individual children; names and addresses of the children; names and addresses of their parents (the leaseholders) etc.

The freeholders should be able to recover their costs from the leaseholders who are at fault, but you might have to agree that you'll cover their costs, if they can't get them back from those leaseholders.


Edit to add...

You mentioned a lease - and the above assumes all the properties are leasehold. If the properties are freehold, the process is likely to be different.

eddddy

Jonboy_1984 said:

Its funny, the kids playing together on the green outside, and the fact they felt it a safe enough community to leave toys out overnight was one of the biggest pulls for us in wanting our current house (after the size, price and usual basics) over others in the same town

That's great if that's what you want - and the deeds/lease allow that, and/or everyone is happy to turn a blind eye.

But in the OP's case, it sounds like everyone on the estate covenanted (or promised) that they would not allow ball games to be played on the green.

Those promises were legal commitments. And it sounds like people are now breaking their promises.

If the other homeowners wanted properties with greens where they could leave toys, play football etc, they should have bought different properties elsewhere with different covenants - like you did.

jo03gra

Jonboy_1984 said:

Its funny, the kids playing together on the green outside, and the fact they felt it a safe enough community to leave toys out overnight was one of the biggest pulls for us in wanting our current house (after the size, price and usual basics) over others in the same town.

I get what you’re saying and it is lovely watching the little ones playing on the green but we’re talking about secondary school kids and the younger ones are now excluded from green unless of course they too play football. Short period of time the boys moved off the green the rest of the kids got to play on there which is completely acceptable and not a problem whatsoever. 

Also did you buy a house with the front windows on the green no road between, literally a meter away from someone stood waiting to catch or boot a ball? 

mi-key

jo03gra said:

Jonboy_1984 said:

Its funny, the kids playing together on the green outside, and the fact they felt it a safe enough community to leave toys out overnight was one of the biggest pulls for us in wanting our current house (after the size, price and usual basics) over others in the same town.

I get what you’re saying and it is lovely watching the little ones playing on the green but we’re talking about secondary school kids and the younger ones are now excluded from green unless of course they too play football. Short period of time the boys moved off the green the rest of the kids got to play on there which is completely acceptable and not a problem whatsoever. 

Also did you buy a house with the front windows on the green no road between, literally a meter away from someone stood waiting to catch or boot a ball? 

You will need to tell any potential buyers about the problem and complaints you have made to avoid any comebacks later. It may not effect the value though as if the buyer has teenage ish age kids, they may like having a green so close they can play on and arent bothered about the noise

jo03gra

eddddy said:

It sounds really unpleasant for you.

One problem with selling is that you'd probably have to declare to the buyer that you'd made complaints to the management company and to other residents about the games etc, which might scare the buyer away.

You mention a lease - is your property leasehold?  The lease should say how you can ensure that covenants (or rules) can be enforced.


Often leases say that you can insist that the freeholder enforces covenants (or rules). The enforcement process might be like this:

• The freeholder (or their managing agent) sends letters to the relevant leaseholders - which they have done

• The freeholder instructs solicitors to send letters warning of legal action to the relevant leaseholders

• The freeholder starts legal action to forfeit leases of leaseholders who are breaching the covenants (i.e. legal action to repossess their homes)

But realistically, you'd need detailed evidence to go down that route, maybe: a diary of incidents; photos/videos that identify individual children; names and addresses of the children; names and addresses of their parents (the leaseholders) etc.

The freeholders should be able to recover their costs from the leaseholders who are at fault, but you might have to agree that you'll cover their costs, if they can't get them back from those leaseholders.


Edit to add...

You mentioned a lease - and the above assumes all the properties are leasehold. If the properties are freehold, the process is likely to be different.

Majority of the houses are actually freehold. Some are lease.
the breach is something to do with the maintenance company taking over responsibility for the estate. 

When I contacted the maintenance co. They did say it’s a breach of the transfer lease and they can’t allow that but they don’t appear to be able to stop them.
I’ve started to keep a record although probably a bit late.
im also getting a camera put up at the front for my car etc..
I took some phot Last week and ended up with a gang of kids banging on my door asking why I’m taking photos. And then Facebook page saying how that’s illegal which it isn’t. 🤷‍♀️

jo03gra

eddddy said:

Jonboy_1984 said:

Its funny, the kids playing together on the green outside, and the fact they felt it a safe enough community to leave toys out overnight was one of the biggest pulls for us in wanting our current house (after the size, price and usual basics) over others in the same town

That's great if that's what you want - and the deeds/lease allow that, and/or everyone is happy to turn a blind eye.

But in the OP's case, it sounds like everyone on the estate covenanted (or promised) that they would not allow ball games to be played on the green.

Those promises were legal commitments. And it sounds like people are now breaking their promises.

If the other homeowners wanted properties with greens where they could leave toys, play football etc, they should have bought different properties elsewhere with different covenants - like you did.

Exactly. It isn’t as though I hate kids. I work in the NHS with kids and have 4 of my own who I would never have allowed to be so disrespectful to neighbours. But times are changed it would appear. Lovely we’ll sought after estate too. Unfortunately bad timing with housing market just now. 

TBagpuss

On a practical level, I wonder whether t would be worth talking to the management company bout making some changes such as  putting in some raised beds /bushes / hedging ? Maybe ornamental holly or something . And perhaps even a couple of picnic benches  - making it a pleasant green space but less practical for playing football etc. 

Diffiult without support from other residents, of course. 


you could of course look into whether you could get some planters and put some taller greenery along the front of your garden - it might reduce the number of kids / balls actually coming into your garden 

jo03gra

TBagpuss said:

On a practical level, I wonder whether t would be worth talking to the management company bout making some changes such as  putting in some raised beds /bushes / hedging ? Maybe ornamental holly or something . And perhaps even a couple of picnic benches  - making it a pleasant green space but less practical for playing football etc. 

Diffiult without support from other residents, of course. 


you could of course look into whether you could get some planters and put some taller greenery along the front of your garden - it might reduce the number of kids / balls actually coming into your garden 

Thanks this isn’t a bad suggestion actually however the maintenance company wouldn’t fund this as they charge the residents for everything even sending a letter. So even the nicer residents who realise this is an issue probably wouldn’t be okay about an increase in fee.

these boys literally don’t stop for anything. Even if I’m standing out there in my front they continue to wallop the ball towards me as there parents have told them to crack on. 

A lot of the residents are infuriated by the maintenance company twice annual small fee as it is. I think it’s well worth the aesthetically beautifully kept estate, excluding of course the green/ mud bath 

GixerKate

I really feel for you, we've had similar issues in our estate as well - a group of older kids taking over the playground for football which prevents younger kids being in there and then there is the constant screaming until late at night, all with the parents blessing.  I swear if I hear the phrase 'kids will be kids' I'll scream.

Is it something you can discuss with your local community support officer?  If they are damaging your car and your property then can you report it under anti-social behaviour?

Before anyone jumps all over this, I get that kids need to be able to play and outside is better than inside and all of that, but there is nothing wrong with expecting the kids to respect other people either.