Blue Property Management

[BigVMan]

Hi All,

 

I co-own a property with my ex.

I moved out due to separation in 2013 and at the moment until finances are straight, the mortgage is in both of our names.

 

As the property is a new build, the water pipes and network is owned and managed by a private firm known as Blue Property Management.

This is a private company to whom we have to pay yearly charges to to look after it and maintain etc etc.

There are arrears on the bill

 

 

when I contacted them last year after much deliberation from them they reluctantly decided to accept £10 per month from me in order to bring the balance down.

Ever since this agreement was reached,

I have been paying this amount on a monthly basis.

It has only been a few months however.

 

Today I have received an email from them advising that should I not pay the balance before the end of March

they will take legal action and issue proceedings against me without further notice.

 

Unfortunately, my ex is not in a position to help financially.

 

They have also added charges on for arrears, an £87 pound charge for a reminder which wasn't received

and not necessary and have now passed this through to their legal department.

 

I obviously don't want any legal action to be taken against me and I don't know what to do or what to say to them.

 

Can anybody provide me with any advice as to the unreasonableness of the company?

 

Many thanks

[andydd]

What is the nature of your contract with Blue Property Management ?. Is your property leasehold ?

[BigVMan]

No, it's freehold. I just have to pay them an annual fee to maintain a cesspit and Severn trent water won't be taking it on until 2016. The properties are on a cup de sac

 

Cul-de-sac rather

[SabreSheep]

that rmeinder charge is unlawful and unenforceable

[dx100uk]

can we see the email [suitably redacted?}

 

 

I bet it doesn't say will anywhere?

dx

[BigVMan]

Thanks guys. I shall upload the information later.

[andydd]

And we need to see the original contract/agreement, the reminder charge could be lawful if its mentioned within the contract.

 

There are various protections for leasehold properties against these sort of charges but far less so for freehold although the it could be covered if its an estate management scheme, see here > http://www.lease-advice.org/publications/documents/document.asp?item=14#30

 

Estate Management Scheme charges

 

An Estate Management Scheme allows landlords to retain some management control over properties, amenities and common areas, where the freehold has been sold to the leaseholders. These schemes were either made under Section 19 of the Leasehold Reform Act 1967, or under Chapter 4 or Section 93 of the Leasehold Reform, Housing and Urban Development Act 1993.

 

In many cases the aim of a scheme will be to ensure that the appearance and quality of the area as a whole is kept to the same standard. However, a scheme can also provide for the upkeep of communal gardens or other common or shared facilities or areas. In this case it may permit the recovery of certain charges.

 

Charges made under a scheme can be challenged in a similar way to service charges. An application can be made to a Tribunal to vary the scheme itself on the grounds that a charge under the scheme is unreasonable or that any formula for the calculation of the charge is unreasonable. An application can also be made to a Tribunal to determine whether or not a charge is payable, and, if so, by whom and to whom it is payable; the amount that is payable; the date that it is payable and the manner in which it is payable.

 

However, an application cannot be made to the Tribunal where the charge has been agreed or admitted by the leaseholder' has been or is to be referred to arbitration pursuant to a post-dispute arbitration agreement; or has already been determined by an Arbitral Tribunal pursuant to a post-dispute arbitration agreement.