Uniformity Covenant

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    Uniformity Covenant

    Hi All,

    First post here after lurking for a while because the people on this forum seem really knowledgeable. I've lived on a development for a few years and the service charge bill has landed, this got me asking questions of the RMC and Managing Agents as the charge for grounds maintenance has gone up (A lot) but when I have calculated "our share" it is about 1/125 of the estate charge but their are over 200 dwellings.

    The response was that the development was built in a number of stages, I live in one of the properties in the first stage and a number of years later when the final stages were built the developer (Bellway homes) decided to build larger detached properties (all leasehold) but remove all of the provisions for them to pay a service charge as they had there own driveways and travelled over adopted roads.

    By comparison, the older houses are accessed by Private roads and the the parking, which is to the rear of the development is also private grounds. The fault with the argument is there are two large communal (but Private property) gardens to which all residents, regardless of which phase of the development they live in have access to.

    But 75+ households don't have to pay towards the upkeep whilst the remainder of us do.

    Also, in my lease and the leases of other properties in the first phase it states, under Bellway's Covenants with the Lessee and the Management Company:

    "Uniformity
    To impose or procure the imposition in the leases of the Other Dwellings covenants in terms similar to those contained in this Lease"

    I have obtained the leases for the larger later stage properties and they contain none of the covenants, at all.

    The lease is between the commissioner for the new towns (the lessor), Bellway Homes, the RMC and the householder as Lessee.

    Is there any cause of action against Bellway either by ourselves as the lessee's and/or the RMC as Bellway failed to impose this condition on later developed properties? Or are we stuck paying for a service that others enjoy (and have done for around 20 years) but pay no contribution too?

    Any help greatly appreciated

    Lee

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