Estate Rent Charges are surprisingly common and are becoming more so. Developers of both small and large developments wish their properties, and the common parts of an estate in which they sit, to be self-managed. Estate Rent Charges will apply to both leasehold and freehold units but are more common on developments where there is a requirement to collect contributions toward costs of managing and maintaining the estate.
We advise those responsible for the management of the estate on the following matters:
Compliance with the (contractual and statutory) procedural matters
These will include but not be limited to:-
assist in the calculation of the charges due
enable valid demands to be served
minimise disputes, and
ensure that correct internal debt recovery processes are followed prior to the instruction of formal legal enforcement.
See our Covenants Review Service here.
When it proves to be necessary, we can assist in the enforcement of covenants relating to payment by property owners of charges lawfully due. It is a lesser known fact that the owner of a house, a freehold property, with a liability to pay an estate rent charge, may be subject to a possession order of the court in circumstances where they fail to pay that which is lawfully due.
We have extensive experience in dealing with this relatively little-known area of estate management and obtaining the correct result for our estate owning or managing clients.