New Build Estate Service Charge Query

[topper_uk]

Hi there.

We have lived on a new build estate for the past 2 years and all has been well (except for a slightly eager Management Company getting involved in everyone's day to day business)..

Recently we received a letter from the Management Company that look after our estate asking people who live here to stop trespassing on the driveways of our fellow neighbours.

It turns out that some of the roadways on the estate are shared driveways between properties - and therefore private property between those houses, fair enough.. The developer had at no point informed purchasers that those areas were private (and they can be used as a shortcut around the estate - hence people using them)

These private driveways are unadopted by the council (obviously) and have lighting, the electricity for which is paid equally by all residents on the estate in our service charges.

My question is is this fair and is this correct? Our transfer states that the management company covenants "To keep the Common Parts properly lit as the Management Company in the interests of good estate management deem appropriate"

It seems unfair that all the residents are paying to - in essence - provide lighting for these (exclusive) property's driveways..

Is this correct? Thoughts?

Many thanks,

Dan

[des8]

Hi and welcome
".... lighting, the electricity for which is paid equally by all residents on the estate in our service charges."
Are you sure it is paid for equally?
Do these "exclusive" properties pay the same amount of management services charges as others on the estate?

[topper_uk]

Yes - the total charges for the entire estate are split equally between all units. I queried this with the Management Company after receiving their letter regarding trespassing and their reply is: " I can confirm the service charge budget setup is a one schedule budget and all properties contribute towards the service charge on an equal basis."

[des8]

I don't suppose the amounts are great, but if you want to bring about change (re apportion the costs or open up the driveways to all) I would firstly look to gaining the support of other residents. Perhaps set up a residents association?

[topper_uk]

Thanks Des8.. Unfortunately (2 years and 4 months into us moving in) our recognised "residents management company LTD" is being run by the Estate Management Company and we're awaiting Elections for us to join the board.. (Or something like that - it all seems like a total mess to be honest. we have a residents association in place, but they have yet to take any positions on the board of our estate "Management Company LTD".)

What complicates this is that the most vocal members of the "Residents Association" are also the ones who live in these houses, so its in their interests that the rest of the estate contributes to what I call their "private driveway lighting"..

Just to be clear, the area on the estate where I live has been adopted and therefore we pay for the street lighting through tax - I just see it as unfair that we pay for their lighting when they seek to prevent us access to those areas. (As is their right, they are private roadways - but why should I be lighting them?)

Thanks again,

Dan

[des8]

The other thing to do is just continue using the shortcuts

[topper_uk]

The other thing to do is just continue using the shortcuts

Yes, but that is trespass as this is private land and therefore illegal... I'm just asking for advice as to why we're paying for their lighting when there's no covenant enforcing that..

Other residents are ignoring the 'trespass threat', but that's not my personal choice :-)

Dan

[des8]

Ok, but in practice there is little they can do about it, just as in practice I doubt there is little you as an individual can do about the charge that is being made.

How much is this "overcharging " actually costing you? You probably don't know, but i expect it is quite small so any legal action, even if successful, would not be cost effective.