Paying for upkeep of communal area.
Discussion
My parents own the freehold of a shop and associated flat above the retail unit. It is a parade of 6 shops. They bought the property around 15 years ago. It is now mortgage free. No ground rent is charged and there is no management fees paid to anyone else.
Behind the shops is a communal driveway area. This has fallen into disrepair and works were completed to resurface the majority of the area behind the shops. Before and during this was done, my parent's weren't consulted.
Now they have been presented with a bill for a sixth of the cost of the resurfacing works from a management company who they recognise as representing the landlord of the other units.
Given that they weren't consulted and there is no contact with the landlord of the other units nor any ground rents paid, can this demand for monies be made?
Behind the shops is a communal driveway area. This has fallen into disrepair and works were completed to resurface the majority of the area behind the shops. Before and during this was done, my parent's weren't consulted.
Now they have been presented with a bill for a sixth of the cost of the resurfacing works from a management company who they recognise as representing the landlord of the other units.
Given that they weren't consulted and there is no contact with the landlord of the other units nor any ground rents paid, can this demand for monies be made?
When your parents bought the property were they made aware of any legal obligations they had to maintain the communal area? Presumably in the title deeds or documentation you may find something. If not then not sure on what basis they are being charged unless landlord of the other units is taking a punt in the hope they will.
When we bought a house in Switzerland, in the paperwork was an obligation to pay towards the upkeep of a stream that ran through the property and a couple of years in we received an unwelcome bill for works performed. Nothing we could do against it as it.
When we bought a house in Switzerland, in the paperwork was an obligation to pay towards the upkeep of a stream that ran through the property and a couple of years in we received an unwelcome bill for works performed. Nothing we could do against it as it.
KungFuPanda said:
My parents own the freehold of a shop and associated flat above the retail unit. It is a parade of 6 shops. They bought the property around 15 years ago. It is now mortgage free. No ground rent is charged and there is no management fees paid to anyone else.
Behind the shops is a communal driveway area. This has fallen into disrepair and works were completed to resurface the majority of the area behind the shops. Before and during this was done, my parent's weren't consulted.
Now they have been presented with a bill for a sixth of the cost of the resurfacing works from a management company who they recognise as representing the landlord of the other units.
Given that they weren't consulted and there is no contact with the landlord of the other units nor any ground rents paid, can this demand for monies be made?
So this management company represent the leaseholders of the other five units? Is this one leaseholder or five? One lease or five? What does the lease/do the leases say about obligation for maintenance costs?Behind the shops is a communal driveway area. This has fallen into disrepair and works were completed to resurface the majority of the area behind the shops. Before and during this was done, my parent's weren't consulted.
Now they have been presented with a bill for a sixth of the cost of the resurfacing works from a management company who they recognise as representing the landlord of the other units.
Given that they weren't consulted and there is no contact with the landlord of the other units nor any ground rents paid, can this demand for monies be made?
As others have said check the deeds carefully. By way of example I had a property a couple of years back and the management conpany contended that they were entitled to pass full costs on and there was not much I could do about it. However careful reading of the deed revealed that whilst I was obliged to pay the management company for repairs and maintenance there was a cap on what they could recharge and indeed we were able to put the repair and maintenance contract out to tender if we wished. Saved myself a few quid.
You've said the area has fallen into disrepair, so you presumably not disputing that some work needed doing
What are the actual reasons for wanting to dispute it?
Is it just because it's unexpected and not agreed to, or is there something unreasonable about the bill or how the shares have been divided ?
What are the actual reasons for wanting to dispute it?
Is it just because it's unexpected and not agreed to, or is there something unreasonable about the bill or how the shares have been divided ?
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