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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 634
Experience:  Expert
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My brother has lived in a Park Home for just a year, the

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My brother has lived in a Park Home for just a year, the landlord has told him that, although all sewerage drainage currently goes to a Cesspit, there have been problems and he is looking at getting proper drainage installed. This will cost each of the 93 residents almost £3,500. Where does he stand?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: A letter of notice has been sent to residents, with a requirement to oppose or agree the proposal by 25th of September
JA: Where is the property located?
Customer: Knottingley, near Pontefract
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i don't think so

Good afternoon

I hope you are well.

Does your brother have a lease agreement in place/pay service charge towards communal areas and paying for the Cesspit?

If so, it is likely that he will be liable for additional payments towards repairs, upkeep, maintenance etc.

If you are able to provide a copy of his lease or correspondence that refers to the additional charges, I can take a further look for you.

Kind regards

Customer: replied 16 days ago.
My brother has a contract from the owners. It was all typed up and printed, hey have outlined costs regarding utilities, explaining that residents are responsible for their own bills, with the exception of a hand written cost of £20 per month, which is marked "sewerage". Residents that have lived on the site a long time, don't pay this charge, it seems to have been added in recent times. I don't have access to this contract currently, as my brother doesn't have a scanner to send it to me

It is difficult to fully advise without sight of the contract however if residents pay towards a shared sewerage system, as i said they are likely to be responsible for contributing towards a new system.

Is it £3,500 split between all residents or £3,500 each?

Customer: replied 16 days ago.
The cost is £3500 each. My brother doesn't have it and neither do most of the residents who are elderly and /or retired.

Do you have a copy of the letter you initially referred to?

I note you state they can oppose?

Customer: replied 16 days ago.
I do have a copy, one moment I will try and share it with you
Customer: replied 16 days ago.
https://mail-attachment.googleusercontent.com/attachment/u/1/?ui=2&ik=b91701d17a&attid=0.1&permmsgid=msg-f:*****************84&th=1744e41920264358&view=att&disp=safe&saddbat=ANGjdJ9hZZ0SfcYy_hK59LP0yjEQTvHDLMupIA2KpjoVYEJ3KQBW1YnpmvezVXo2s4KnHtV04qqjgqcC4arLUq2dguxK6MvY2z-i22aN1msy1lYlsDqhipYobDmjYFJEERnSqOTFaaume75h46De48_xsENuF4SdR203F7SKSc625epqOPCe7Acclz5wLTHWv7rN4PIpkFqD9VEbS84XjvlYiL2u4zwttl64mYQZT--cZFE1YpNA1kTiyQJfONXIdoNpXoB9j4yVUmbR1zPPFpAH4P55yfTqtmXOn_lRURZr9VDA869NBpwFKMd3yDZ4g3pHiD3gzPUzFCSg-hsFVlBLwdX3Kox6nTIZAoCkl4rpGuBaY3cy1tBvOB1V_KzBwcs-Jtgom6avbg5o_8BzicidNm7xuFMpWy-6H-mI8TPnEcjXIQteKvFZgTgZItuq9iltPqoFPSQtGX8p7oP5mq0PoB8SAMEsY9L0iixWMpi3u1Yh8Dv87mCVneati_Cxg1BWlVzDiZgUYc8TE5duNI-xpp19861mAmH9sT8c7890AoOadago32GbfNEv2kUeIG6E59-F8v0gcZzwBS5UjpPTEvt5BMi7q4HHPMlaWLDkPJcysRVvfC8uz7O1TPeHSO9Ap-gnNKifHWhkzilJbnaQBdvDxBUsfWNFYMYS9mG4ANYaTrBCJDQamym3sNA

unfortunately i cannot open that.

If you click the paper clip above the box you type, you should be able to upload it.

Customer: replied 16 days ago.
I cannot see a paperclip sorry
Customer: replied 16 days ago.
there's nothing can be done then?

Hi

Sorry, this works on email rather than a chat service so responses may be intermittent.

If the letter allows them to oppose to the payment then I would suggest that your brother, and other residents that cannot pay, do so in writing by the deadline.

If no-one opposes, they are likely to go ahead with the proposal.

Kind regards

Customer: replied 16 days ago.
Ok thank you so much

No problem at all. If you are able to locate the paperclip and attach a copy of the correspondence, I am happy to have a further look for you.

Customer: replied 16 days ago.
Thank you. I'm very much a technophobe (as is my brother) and can't work out how to send the letter. My brother works away a lot so struggles to find time for correspondence, which is why he asked me. I appreciate the help so far. I just felt that they can't force this upon all 93 residents when it's such a large sum if money. Once the drains are installed, the yearly cost to everyone will be £215 to Yorkshire Water, but some residents don't currently pay the £20 per month my brother does, so they will probably oppose it

No problem.

It is a considerably large sum of money to demand from every resident.

Although it may well be a suggestion from the landlord to solve the issues with the current cesspit. If enough people oppose the proposal, it is extremely unlikely the landlord will be able to demand 93 residents pay that amount each.

It may be worth your brother consulting with other residents and ensuring those who cannot or do not want to pay, all write to the landlord explaining their reasons against it.

I'd be grateful if you could please kindly click the five stars at the top of the page thank you

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