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    • pod74
    • By pod74 12th Oct 18, 3:47 PM
    • 8Posts
    • 1Thanks
    pod74
    Service charges new build houses
    • #1
    • 12th Oct 18, 3:47 PM
    Service charges new build houses 12th Oct 18 at 3:47 PM
    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.
Page 1
    • diggingdude
    • By diggingdude 12th Oct 18, 3:55 PM
    • 422 Posts
    • 576 Thanks
    diggingdude
    • #2
    • 12th Oct 18, 3:55 PM
    • #2
    • 12th Oct 18, 3:55 PM
    So you agreed to pay it in the contract you signed....
    House Deposit - Target £20000 April 2019
    Current Savings - £10225 13121.22 £14621.22 £16021 £17296£15171
    • SmashedAvacado
    • By SmashedAvacado 12th Oct 18, 4:06 PM
    • 384 Posts
    • 418 Thanks
    SmashedAvacado
    • #3
    • 12th Oct 18, 4:06 PM
    • #3
    • 12th Oct 18, 4:06 PM
    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
    • By pod74 12th Oct 18, 4:06 PM
    • 8 Posts
    • 1 Thanks
    pod74
    • #4
    • 12th Oct 18, 4:06 PM
    • #4
    • 12th Oct 18, 4:06 PM
    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
    • By pod74 12th Oct 18, 4:07 PM
    • 8 Posts
    • 1 Thanks
    pod74
    • #5
    • 12th Oct 18, 4:07 PM
    • #5
    • 12th Oct 18, 4:07 PM
    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.
    • SmashedAvacado
    • By SmashedAvacado 12th Oct 18, 4:13 PM
    • 384 Posts
    • 418 Thanks
    SmashedAvacado
    • #6
    • 12th Oct 18, 4:13 PM
    • #6
    • 12th Oct 18, 4:13 PM
    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.
    Originally posted by pod74
    You said you checked the transfer. What does the transfer say? it will be very specific.
    • davidmcn
    • By davidmcn 12th Oct 18, 4:21 PM
    • 8,838 Posts
    • 9,363 Thanks
    davidmcn
    • #7
    • 12th Oct 18, 4:21 PM
    • #7
    • 12th Oct 18, 4:21 PM
    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?
    Originally posted by pod74
    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
    • By pod74 12th Oct 18, 4:23 PM
    • 8 Posts
    • 1 Thanks
    pod74
    • #8
    • 12th Oct 18, 4:23 PM
    • #8
    • 12th Oct 18, 4:23 PM
    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
    • By Slithery 12th Oct 18, 4:27 PM
    • 908 Posts
    • 1,427 Thanks
    Slithery
    • #9
    • 12th Oct 18, 4:27 PM
    • #9
    • 12th Oct 18, 4:27 PM
    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.
    Originally posted by pod74
    The time to discuss this was before your purchase, not afterwards.

    It's too late now.
    • pod74
    • By pod74 12th Oct 18, 4:27 PM
    • 8 Posts
    • 1 Thanks
    pod74
    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
    • By pod74 12th Oct 18, 4:28 PM
    • 8 Posts
    • 1 Thanks
    pod74
    Slithery, I see your point, but was unaware for this house untill a week ago.
    • moneyistooshorttomention
    • By moneyistooshorttomention 12th Oct 18, 5:23 PM
    • 16,889 Posts
    • 46,631 Thanks
    moneyistooshorttomention
    I'm wondering what the phrase "owners for the time being" means in legal terms.

    As a layperson - what I mean by "for the time being" is something rather temporary. Hence I'm wondering if that phrase means the same thing in legal terminology (ie meaning the initial owners of the property).

    Errrm...with you being one of the "initial properties of the property" I'm wondering if it means "You cop it - but subsequent owners of your house don't" iyswim - ie one of those covenants that doesnt transfer on to future owners.

    Worth a check to establish for sure what it means.
    You can't change someone who doesn't see an issue with their actions

    - so next best thing is to work out how to "go round" them when they don't mean what they say - again.....
    • SmashedAvacado
    • By SmashedAvacado 12th Oct 18, 5:25 PM
    • 384 Posts
    • 418 Thanks
    SmashedAvacado
    Itís badly worded and badly structured

    For the time being means the owners from time to time - ie you and the other owners. Iíd argue that the cost should be split in a dose and reasonable way based on utility and use. If you get none then your fee should be nominal.
    • comeandgo
    • By comeandgo 12th Oct 18, 5:27 PM
    • 2,217 Posts
    • 2,998 Thanks
    comeandgo
    You agreed in the purchase documents. Your neighbours will be delighted if you try and wriggle out of it as any shortcomings they will have to pay.
    • davidmcn
    • By davidmcn 12th Oct 18, 5:54 PM
    • 8,838 Posts
    • 9,363 Thanks
    davidmcn
    I'm wondering what the phrase "owners for the time being" means in legal terms.
    Originally posted by moneyistooshorttomention
    It means whoever are the owners at the relevant time.
    • AdrianC
    • By AdrianC 12th Oct 18, 6:05 PM
    • 18,750 Posts
    • 17,117 Thanks
    AdrianC
    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?
    Originally posted by pod74
    Was your solicitor "recommended" by the developers or EAs?

    Either way, remember that the solicitor never visited the development, and isn't psychic about your expectations and what you think is "fair" or not.
    • pod74
    • By pod74 12th Oct 18, 6:13 PM
    • 8 Posts
    • 1 Thanks
    pod74
    Thanks guys. Ok legally I have entered into this unknowingly. Comments about cul-de-sac and flats, that applies if I lived in the cul-de-sac or the block of flats. I don’t live on the development site, my address is even different to the others. That’s my point I now am financially responsible for a communities public area that I am separate from. I think the contract was standard and would apply to those who bought in the plot, my plot was an afterthought and am on the council owned road and not the new road. Just don’t want to pay for something I have no connection with
    • moneyistooshorttomention
    • By moneyistooshorttomention 12th Oct 18, 6:16 PM
    • 16,889 Posts
    • 46,631 Thanks
    moneyistooshorttomention
    In fairness - it's a reasonable assumption that the only bills a householder will be due to pay are their own (ie not paying towards any communal charges). At least if it's a house that would be everyone's assumption - unless/until they were told differently.

    If solicitors visited properties (if only......) they'd have still come to the same conclusion, ie the house doesn't "use" those facilities over there at all and therefore wouldn't pay towards them, even if there was a charge.

    It's fair imo for it to be pointed out clearly to someone wishing to buy a property if there are any bills other than normal household bills. A decent solicitor would have asked "Did you realise about x/y/z out-of-the-ordinary bills applicable to that property?"
    You can't change someone who doesn't see an issue with their actions

    - so next best thing is to work out how to "go round" them when they don't mean what they say - again.....
    • eidand
    • By eidand 12th Oct 18, 6:28 PM
    • 43 Posts
    • 46 Thanks
    eidand
    there is no such thing as "reasonable assumptions" where new builds are concerned, people who go for one should check everything for themselves.
    • AdrianC
    • By AdrianC 12th Oct 18, 6:29 PM
    • 18,750 Posts
    • 17,117 Thanks
    AdrianC
    I donít live on the development site
    Originally posted by pod74
    I strongly suspect that you DO live on the development site. Just... on the edge of it, with access to your property from outside, rather than through the body of the site.
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