Management funds paying gardening services for private areas (leasehold flats)

EllieSU

Hoping someone can guide me.

I live in 1 of 4 leasehold flats; the 2 ground flats have adjacent, gated gardens (I live in one of them), while the 2 top flats have private garden areas at the rear of the property (slightly smaller in size, located next to the parking spaces). I'm the only owner living at the address (all other tenants rent).

The freehold was sold last year, and the new management company included gardening services in the overall management costs.

Last year I noticed the gardener was mowing the lawn in my neighbourgs' gardens (next to the parking spaces). I contacted the management company, and was told that "a more detailed map for the contractors" would be created, and that they would "speak to the contractors and provide  more detail of the demised and communal areas so that there will be no confusion".

As of today, my top neigbourgs' gardens are pristine as the gardeners keep maintaining them, while I received a budget for next year's management services including gardening charges for over £2,300 (>30% of the total maintenance budget), of which the proportion I pay is 30% (as stated in the lease). For context, the communal green areas include a 3x3 meters space next to the bike racks plus small (<50cm wide) beds on each side of the communal door (which have not been maintained by the gardeners in the past year).

I paid the requested amount as I don't want to be in arreas. And I contacted the management company again (by email and phone), with no response in over a month.

I took photos of the gardener working on the private gardens today (with their permission) and the weeds in the beds by the communal door.

I wonder if I have enough evidence to make a formal complaint to the management company and request some of the money back? I mentioned I wanted to tailor down the scope of gardening work, but I have received no communications from the management company.
What is the best way to proceed to make my case?

Thank you for reading the long post

NameUnavailable

What does your lease say about the gardens and maintenance? You might also need to get a copy of one of the upstairs flats lease too to check what they say.

bouicca21

How big are these private areas? Realistically how much extra does it cost to mow the extra grass?  And surely there is a benefit to OP in that it keeps the garden looking tidy and cared for - thus enhancing the saleability of all the flats.

Bookworm105

bouicca21 said:

How big are these private areas? Realistically how much extra does it cost to mow the extra grass?  And surely there is a benefit to OP in that it keeps the garden looking tidy and cared for - thus enhancing the saleability of all the flats.

I disagree
The OP has clearly explained that her service charge includes a gardening cost that appears to be based on the contractor performing work in an area that the leaseholders are not required to collectively pay for

maintaining a personal garden may make the place look nice but why should someone else have to foot part of the bill for doing so 

EllieSU

Thank you for the comments (I didn't know much about leases when I bought this flat, my first property, and my solicitor didn't explain many of the items at the time of the sale).

My lease reads (relevant text extracted):

- "the Common Parts means the cycle store bin store and communal gardens shown edged in green on the Estate Plan".

- "the Retained Parts" includes "the Building the Common Parts... ...entrance hall, passageways and stairways, lawns, car parking spaces and grounds not included nor intended to be included in this demise or a demise of any other part of the Estate by a lease in a form similar to this Lease"

- "SUBJECT to the Service Charge being paid by the Tenant... ...THE LANDLORD COVENANTS with the Tenant: to keep in good and substantial repair reinstate replace and renew the Retained Parts"

The communal "gardens" include a 3x3 meters lawn located by the bike storage and the beds by the building entrance (that have some low-maintenance plants, like lavander, and haven't been touched by the gardeners since the service was established over a year ago).

The 2 ground flats (one of them mine) alredy pay a slightly larger proportion of the service charge (30% compared to 20% paid by the 2 first-floor flats).

I feel it's unfair that, on top of that, I'm paying for a third of my top neighbourghs' gardening services.

I'll see how best I can make my case with the management company that has ignored my emails for 2 months already.

NameUnavailable

Assuming the gardens that aren't communal are demised to the individual flats, then you need to highlight this to the MC who should only be looking after the communal gardens.

If you don't get a response then you might have to end up going to FTT to challenge the costs.

eddddy

EllieSU said:

What is the best way to proceed to make my case?

I guess the short answer is that you can 'threaten' the Management Company that: unless they provide you with info, you will challenge your Service Charge bill at a tribunal...

... because you believe it includes charges for gardening services which your lease does not require you to pay for.



But maybe some factors to consider:

• Is this the Management company at fault? e.g. did the Management Company provide incorrect info to the gardening company?  Or did the Management Company provide the correct info, but the gardening company got it wrong?

• Could some property owners be doing a side-deal with the gardening company? e.g. They pay the gardening company a few pounds extra to do their private gardens. So you're not paying towards the work on the private gardens.

EllieSU

My email to the MC from June 2023 already mentioned that:

- "the gardener required clarification of the delimitations between private and communal areas" and that

- "it's not appropriate for the services paid as part of the tenants' annual service charge for maintenance of the communal areas to include areas designated for private use"

Last June, after receiving the budget for next year's maintenance services (of which 30% of the total annual charge was for gardening) I asked for "clarification of the scope of services" and confirmation "that the scope of work for gardening services was promptly clarified in June last year", and then I kindly requested for "proof of communications with the contractor and budget/invoices to be shared with me, as applicable, for full transparency regarding these charges".

I don't think the MC can claim ignorance about the issue.

And I spoke tot he gardener about 2 weeks ago, and what he described as his duties are all related to the contarct with the MC (not with any of the other flat owners/letting agents).

eddddy

So as I say, the final way to resolve Service Charge disputes is to go to tribunal.

So threaten a tribunal and/or go ahead and do it.

Otherwise, it sounds like you'll just be writing emails forever, and the management company will be ignoring your emails forever.


See  Section 3  'APPLYING TO THE TRIBUNAL': https://www.lease-advice.org/advice-guide/service-charges-other-issues/