Housing Association Benefit & Burden Principle

rm01lp · 24 April 2023 at 2:03PM

The deed says absolutely nothing about an amount, percentage.

We only recently found out that others don’t contribute. We all assumed that all those who “benefited” contributed.

I think we could argue that a reasonable charge is one that is paid equally by all those who benefit. It wouldn’t be an unreasonable assumption that when purchasing everyone contributed. The fact our HA decided to not include a covenant for a service charge on the other HA is there problem. Perhaps this should be our angle?

They then can unilaterally decide if the want to pursue the Benefit and Burden issue with the other HA. If not, they take the hit rather than us.

But essentially we are currently paying for their error/omission.

Hope that makes sense.

eddddy · 24 April 2023 at 2:26PM

rm01lp said:

I think we could argue that a reasonable charge is one that is paid equally by all those who benefit. It wouldn’t be an unreasonable assumption that when purchasing everyone contributed. The fact our HA decided to not include a covenant for a service charge on the other HA is there problem. Perhaps this should be our angle?

Yes - kind of.

But you don't want to get into an analysis of what everyone else pays, and whether they pay equally - that might open a huge can of worms.

So it's probably better to say:

"There are 50 houses (or whatever) that benefit from the maintenance. So it is reasonable that I pay 1/50th of the total maintenance charge"

And maybe drop the bit about "It wouldn’t be an unreasonable assumption that when purchasing everyone contributed." Your assumptions (correct or incorrect) aren't really relevant.

If you say you "assumed" things - that might become a stick for the HA to beat you with.

rm01lp · 24 April 2023 at 2:33PM

Thanks. Good advice and wording. I think this will be the angle we take.

jj_43 · 25 April 2023 at 6:29PM

We had a right of way over a new access road to our new build property, no maintenance arrangements were in place. Over time the road deteriorated and repairs were needed. The long-standing property owners started to make use of this access road and various back street parking. The conversation regarding repairs started by asking the few new build owner to repair the road for the benefit of 20 nearby properties. When it was pointed out that they would lose their right of way unless they contributed, they all paid. Except one. When they attempted to sell the property we reminded them about the dispute with the neighbours and no right of access via car. The prospective purchasers were put off by the issue and the existing owners remained. Now they asking to contribute. Benefit and burden or common sense.