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  • Legal FAQs

    BTL freehold but has a tie in with a housing

    I have a BTL which is freehold according to the deeds have checked.  There is some kind of tie in with a housing association where they do the gardening around the houses.  8 houses involved.I dont have the paperwork.  I have asked the housing association what do the gardeners do as i have witnesses to say that they spend half of the time in their van instead of working.  This has been going on for months.  I have to pay this service charge as they have threatened to tell my mortgage company re default.  I want out of this but dont know how.  They increased the service charge per month by 100% this year which i begrudge paying in view of the above.  I asked them to do something - overhanging trees from a neighbouring property and they refused.  If I go to the leasehold tribunal I have to pay £250 (I went a few years ago re same problem when it was free and I lost).

    Has anyone had a similiar situation and if so how did they deal with it. Thanks.

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    Sorry about your predicament.  I have had dealings with housing associations and they are proper bar stewards to deal with. Trouble is that they are connected to local authorities and the government and have ample resources to public funds to fight you in the courts. Good luck.

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    write a letter of complaint. ask for their complaints procedure.  ask the mechanism by which you are legally obliged to pay sc as this is not normal for freehold.  also point out why costs not reasonable.  if not happy with replies dont pay.  when mortgage co ask why, tell them and send them correspondence.  you are not obliged to pay unreasonable charges and when ive been in this situation they have left me to it.

    if you go to tribunal make sure you have evidence and case.  ive done lvt/rpts and won against peverel, now firstport (they keep changing their name...cant think why!) without any solicitors etc.

    dont be intimidated...run with it Zola!

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    I'm afraid you cant do anything about it. As it's a Freehold property you currently have no access to the Leasehold tribunal. You can only go to county court and argue your case there. But this will be a lot of hassle and expensive especially if you hire a solicitor.

    If they take you to court over non payment of the maintenance charge you will have to pay their "large" legal fees as it will written into the contract. You have no legal way out of this mess i'm afraid. You should not have not purchased this property.

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