You’re offline. This is a read only version of the page.
Skip to main content
GOV.UK
Sign in
Home
HMLR Transactional Support Forum
Register & Title Plan
Clause in TP1 transfer document
Clause in TP1 transfer document
Posted
Wed, 26 Jul 2023 04:59:33 GMT
by
Mae Smith
I bought my freehold property 12 years ago. It has a shared drive with a small block of flats. The transfer document contains this:
Contribute a fair proportion of and indemnify the Transferor and the owner from time to time of the retained land against the costs of cleaning, retaining, repairing, renewing and reinstating the Service Apparatus and the Access Way.
I have never been asked for any money by the freeholder and owner of the flats as no such costs have been incurred. He has recently transferred the management of the flats to a management company who have now asked me for money in the form of a service charge, citing this clause in the TP1 as the basis for the charge. Is it possible to 'convert' this provision in the TP1 into a service charge?
Posted
Wed, 26 Jul 2023 06:08:29 GMT
by
Adam Hookway
Morning Mae - I guess what you call it isn't really the point here as the clause refers to a 'contribution' and a 'service charge' is also a contribution/payment as well.
It's really legal advice you need here though as to what's meant by 'from time to time' and what's 'fair' alongside what was perhaps originally intended and who else is expected to contribute and by how much and more.
We can't advise you on such matters other than the opening comment which is really just something to ponder, based on experience in dealing with enquiries, and also discuss with a legal adviser
Posted
Wed, 26 Jul 2023 10:07:56 GMT
by
Mae Smith
Hi Adam
Thank you very much for your opinion. I will seek legal advice.
Mae
You must be signed in to post in this forum.
Sign in