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Service charges new build houses

Hello, just some feedback on something. I moved into my new build home 18 months ago, we got a letter last week explaining that the management company responsibilty for the new builds is being handed over to all the residents. I remember this being mentioned when viewing the show home at the time, but we where looking to buy one of the houses that was going to be in the new road for the development. It turned out that we bought one that was on the main road that was already there (the road that is), so i checked the transfer contract of the sale and it does mention that the residents are responsible for the maintaining etc of the road and services.


My view is that our house is not on the new road and we have no access to our property from the road to our house. We have no parking asigned to us on the new road, we have no service from it what so ever. Our address is even different, our address is the road that we are on that has always been there. We do not feel that it is correct that we are expected to financialy be responsable for a road that we do not live on.


And if this makes a difference, none of our boundaries around our house touch the common area of the new build, front of the house and drive attached to existing road. One side of the boundary is on a lane to a alotment that is not part of the development, other side boudary to my neighbours garden. And the rear boundary again to rear neighbours garden.



Has anyone been in this situation or know what rights I have now?


Many thanks for any feedback.
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Comments

  • diggingdude
    diggingdude Posts: 2,445 Forumite
    First Anniversary Name Dropper Photogenic First Post
    So you agreed to pay it in the contract you signed....
    An answer isn't spam just because you don't like it......
  • What does the document say about your share?
    is it a pre-determined share - or a fair proportion?
    if its a fair proportion, you could consider an argument that a fair proportion is zero!
  • pod74
    pod74 Posts: 8 Forumite
    Indeed, but I am also not happy for my solicitor to flag this up during the process, I know I should have read the contract but isn't that what we pay solicitors for to point out any unusual terms etc?
  • pod74
    pod74 Posts: 8 Forumite
    SmashedAv, I have no idea to be fair, first I knew about it was a letter saying that the time has come to hand of the management company to us all.
  • pod74 wrote: »
    SmashedAv, I have no idea to be fair, first I knew about it was a letter saying that the time has come to hand of the management company to us all.

    You said you checked the transfer. What does the transfer say? it will be very specific.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    pod74 wrote: »
    Indeed, but I am also not happy for my solicitor to flag this up during the process, I know I should have read the contract but isn't that what we pay solicitors for to point out any unusual terms etc?
    It's not unusual for everyone in the estate to contribute towards common parts, even if they're not planning to use them e.g. if it's a cul-de-sac you might never go up one end of the road, if it's a first floor flat you might never use the stairs above your floor.
  • pod74
    pod74 Posts: 8 Forumite
    it is hereby agreed and declared that:- the cost of repairing maintaining the service installations and roadway serving the retained land and the peoperty shall be paid by the owners for the time being of the property, this is on the TP1 form. Not much detail at all to be fair, nothing that I can see aboutthe share.
  • Slithery
    Slithery Posts: 6,046 Forumite
    First Anniversary Name Dropper First Post Photogenic
    pod74 wrote: »
    We do not feel that it is correct that we are expected to financialy be responsable for a road that we do not live on.
    The time to discuss this was before your purchase, not afterwards.

    It's too late now.
  • pod74
    pod74 Posts: 8 Forumite
    I agree, it is hard to explain, so I live on the main road, you enter the new road from the main road, so I do not even touch the new road, in 18 months I have entered it to have a look. If I lived on a part of it then I would understand, tried to paste a screen shot to give you an idea but it will not allow me.
  • pod74
    pod74 Posts: 8 Forumite
    Slithery, I see your point, but was unaware for this house untill a week ago.
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