Freeholder Estate Charge demands

[navigator61]

Hi
I live on a mixed development of mainly freehold properties and a few leasehold blocks. The freehold properties pay an annual estate charge for the maintenance of some landscaped areas. The charge is collected by a managing agent for the developer. Because the agent also collects the combined estate and service charge from the leasehold properties he has been sending the estate charge demands to freeholders together with the statutory notice of tenants rights and obligations (CLR 2002) that I believe should only be sent to leaseholders. As the notice content clearly has no relevance to the freeholders and it would seem the CLR Act only applies to leaseholders and their landlords, I asked the agent to stop sending them to freeholders as the content could be seen as quite threatening to a freeholder who might incorrectly believe someone could repossess their home if they defaulted on payment (The obligation to pay the estate charge by freeholders is by way of a deed signed on completion and not an estate rent charge).

Whilst accepting that the content of the notice did not in anyway apply to freeholders the agent maintained that the advice from his legal advisor was that he must by law send out the notice to freeholders too.

I would be very grateful if anyone could clarify this. Thanks in advance

[dslippy]

The freeholders just need a different notice (if I have followed).

[navigator61]

The freeholders just need a different notice (if I have followed).

Hi - thanks for your reply. What I am seeking clarification on is my belief that the freeholders should not be sent the statutory notice required by the CLR legislation and intended I believe solely for leaseholders. I don't believe there is any legal requirement to send any form of notice with the demands to freeholders.

[dslippy]

There are documents which establish the charges. You have them we do not. They are where the answer must be looked for first.

[navigator61]

There are documents which establish the charges. You have them we do not. They are where the answer must be looked for first.

Thanks all the same for your reply but my question was not about the establishment of service charges but was about whether or not the statutory notice of leaseholder rights which must by law accompany leaseholder service charge demands is or is not required by law to be sent with freeholder estate charge demands.