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Algo1966

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  1. The estate I live on is run by a management company of whom we have to pay a service charge to each year to maintain the communal grounds and any communal facilitates. A few years ago the communal aerial to my block of house failed. As a result the management company gave us permission to erect an aerial on our roof despite it being against the covenants. This was back in 2015. The management company has now decided to turn off the communal aerial to save on costs (The aerial still works to other blocks on our estate) but at the same time have also decided to rescind the permission given to us to erect an aerial on our roofs. As a result our houses are not sellable as they are not capable of receiving a tv signal (Broadband is not viable, especially for HD due to slow network speeds in our area). My next door neighbour has already had a sale fall through which was close to completion because of this. Anyway, it's in the covenants that the management company have to maintain said communal aerial system. So if after 8 years the management company want to enforce the covenants about our aerial, then I would like to do the same about the covenant to maintain the communal aerial. So my questions, are what is my route for this ? Is this something that comes under the remit of the LVT ? What are the costs regime ? is it similar to the small claims where they are not awarded unless one party has behaved particularly bad ? In case it's relevant, my estate has a different origin to the modern day equivalents we hear about so much in the press. My house was built in the late 60's and the developer (Wates) completed the estate in the early 70's. Originally all of the houses were leasehold and were owned by the developer. When the estate was completed, the freehold for the estate was then sold to a residents committee of which all residents are equal shareholders. The resident committee then became our management company and sold us our freeholds to our houses, while retaining the freehold to the communal areas and the right to levy a service charge for the up keep of said areas and also the right to enforce the covenants for the estate.
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