Service charge - communal facilities

[mathematricks]

Hi,

 

I have a freehold property that I own. Unfortunately, we share the estate with some flats and have common communal area that I am liable to pay a service charge.

 

The TP1 defines:

 

"communal facilities: the Common Access car parking spaces and all open space and landscaped areas shown for the purposes of identification shaded green on Plan 2"

 

"Projections: Including foundations chimneys flues eaves gutters spouts canopies pipes fence posts wall piers and similar projections now or within the Perpetuity Period constructed on the Estate"

 

SERVICE CHARGE COSTS

1. Repairing maintaining inspecting and as necessary reinstating or reviewing the Communal Facilities

 

A cropped photo of plan 2 is shown in the attached. On the left hand shaded area reside 2 chimneys which are listed buildings, which are part of the service charges. My question is that does the definition of Communal Facilities as states in your opinion include the chimneys even though they may reside within the shaded area?

 

Thanks for your help.

[andydd]

Pic is too small but even if we see it, its unlikley anyone here could answer that.

 

IF it was a leasehold property you could ask the FTT (First Tier Tribuanl) (previously LVT) to adjudicate on such matter, unfortuantely this doesnt appl;y to freehold properties (even if they do have communal areas and pay a service charge), you have to solely on the agreement and the plan, I guess a court could decide on the matter but they dont have the same scope as to decide whats reasonable as an FTT does.

[ericsbrother]

What is your question about, whether you are roped into paying for the repair of someone else's chimney? My reading of the para starting "projections" is that they are given a permanent lease on the land which is part of the communal land so outside the scope of service charges.