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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a property which I purchased from a housing association

Customer Question

I have a property which I purchased from a housing association with the deeds came a Deed of Covenant - TP1 for the maintenance of the common areas and inn particular keeping the weeds down in the common areas. The housing association does not do a very good job in so much as their contractors come along with a blow leaf for 5 mins and leave. There is Ivy growing from another property onto the common parts and despite writing to the housing association they say there is little they can do and no money in the pot. My front door is facing this.
How can I enforce this? I cant stop paying the monthly maintennace charge otherwise they will take me to court or how can I get out of the TP1? Just after I purchased the house the housing association gave us the option to stop paying maintenance - can i enforce this now?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Does the association own this other property?
Customer: replied 2 years ago.
NoThey do not
Expert:  Ash replied 2 years ago.
Have you approached the owner of the offending property with the ivy?
Customer: replied 2 years ago.
the housing association has with no effect no surprises there. I have paid £38 and would appreciate an answer to the problem and not the symptoms. I will reiterate how do I put pressure on the housing association to do there job and/or how to iterminate the Tp1. Property is not leasehold TP1 is for maintenance charges to common areas only. I await your reply
Expert:  Ash replied 2 years ago.
You need to write and set out your position and ask them to deal with the situation or say you will go to the ombudsman. If they do not then you can complain to the ombudsman who offers a free, independent service at

http://www.housing-ombudsman.org.uk

You can't terminate the TP1 you are simply not able to do that. If the ombudsman does not work then you can consider going to court to make them do the work.

You would need to complete form n208

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

The court will set the matter down and decide whether to make them do the work.

Can I clarify anything for you about this today please?

Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex