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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18300
Experience:  I have been practising for 30 years.
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I bought a new build property, as part of which we were

Customer Question

I bought a new build property, as part of which we were obliged to pay a company to complete the maintenance of the 'green' areas on the estate. We've been in a dispute with them because it's not evident that they're actually completing any maintenance whatsoever. They allegedly visit the site for at least one hour every two weeks. They attended 16/02/2021 but completed approx. 15 minutes of work, and all this involved was one person litter picking whilst the other sat in the van. We've questioned the scope and schedule of works and also asked for a copy of their formal complaints procedure but have refused to provide this. Is there any way to legally terminate this service?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I've asked for copies of the schedule and scope of completed work, and upcoming schedule of work as they're not attending all areas under their management. I've also asked for the formal complaints procedure which they won't provide me with. They advised a director would call us to discuss the works ongoing but this has not been done despite several requests
JA: Where is the property located?
Customer: Would you like the address?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 10 days ago.
Category: Law
Expert:  F E Smith replied 10 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

when you say obliged to pay - can you explain what it was you signed for?

and is everyone on estate feeling the same about this company?

how long have you been there and what is the name of this company?

Customer: replied 10 days ago.
Thank you. I appreciate your help. When purchasing the property, we were advised by the Home Builder (Strata Homes) that we had to pay this as part of the contract with them, and would be included in our deed of covenant. Yes, the majority of the residents on the site have also complained the company (Meadfleet) about their services. When we purchased the property we had to pay a £150 security deposit and we received our first invoice towards the end of last year (approx. September / October time). We've lived at the property since June 2018.
Expert:  F E Smith replied 10 days ago.

If this is noted in your deeds, or, if the property is leasehold, and it’s in the lease, then you are obliged to pay it.

If on the other hand you are paying however much money and they are not doing anything or they are not doing anything up to the value of what you are obliged to pay, or they are not doing what they are obliged to pay under the terms of your deeds, then you have a few options:

all of you tell them to get lost, you are not paying, take you to court and you will defend the action. The more of you do that, the better although the ones who don’t get involved with that was still get the benefit of the outcome.

You can take the company to the Property Tribunal for not providing what they have covenanted to provide and you can get an order to compel them to provide it.

A lot depends on whether you want to be on the receiving end of potential litigation or you want to be giving it out and of course how many people join in because you will find that they will all nod and complain but when it comes to paying money for legal advice and costs, they will have short arms and deep pockets.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.