Amenity area charge on a freehold property

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    Amenity area charge on a freehold property

    I have a freehold property in an estate of apartments & houses. I am required to pay a maintenance charge for grassy amenity area present in the estate. The covenants for management company in summary are:



    (1) Keeping the Amenity area clean & tidy and maintaining any floral verges.

    (2) Making sure the lamps & illumination in the Amenity area in working order and any gates/security equipment.

    (3) Insuring the amenity area against public & third party liabilities.

    (4) Pay all taxes with respect to the Amenity areas



    The Amenity area is wholly encapsulated by the apartments. House owners only enjoy minimal benefit from the amenity area. There is no need for house owners to use the Amenity areas as they have their own gardens. Apartment owners use the Amenity areas as they don’t have their own gardens.



    Shouldn’t the maintenance charges related to the grassy amenity area be calculated as a percentage of use between the houses and apartments (e.g. 80:20). Currently it is charged equally between apartments & houses.



    There is nothing in the TP1 which talks about different usage – but what is the law as I don't think it is fair?

    #2
    Didn't you, like, know all this before you bought it? It can't be a big surprise at this stage.

    Comment


      #3
      The covenants listed in the TP1 probably simply reflect those in the leases for the flats so as to ensure all on the estate pay for the upkeep for the enjoyment of all.

      I think you're stuck with them.

      Comment


        #4
        The post is a bit like,
        "But I don't use the street lights in the next road, or even visit the next road, but my council tax includes for every street lamp in the county. I don't think it's fair"

        The "Area" is to be kept in good condition, therefore everyone, in your case pays an equal amount to keep your little area looking good.
        Not the items you can use, but to keep the area looking "Good".

        Comment


          #5
          Alas life sometimes isn't fair, but you purchased the property and agreed to the terms and conditions.
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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