Thousands of homeowners on private estates are facing unregulated and uncapped maintenance fees, amid allegations that developers have created a cash cow from charging for communal areas not maintained by the council.
Management contracts for “unadopted” private estates are frequently sold off to speculators and property management companies in the same way as freeholds and ground rents – leaving homeowners with spiralling fees and nowhere to turn.
If a new-build estate is “unadopted” it means communal areas such as roads, grass verges, pavements and playgrounds are retained by the developer. The developer then usually sub-contracts day-to-day management.
These companies then pass on the costs to homeowners (both freeholders and leaseholders) via a deed of transfer which obliges the homeowner, under the Law of Property Act 1925, to pay for maintenance of this land. This is often referred to as an “estate charge” or “service charge”. These are on top of full council tax – even though the council doesn’t maintain their street.
Critics say the system is open to abuse because management companies have no obligation to keep costs down or provide evidence the services they charge for are being carried out. Buyers may find the bills spiral as soon as a management contract is sold on.
Lynn Myers bought her two-bed leasehold house in Penrith, Cumbria, from developers Persimmon in September 2016. The sales agent told her the estate would be managed by Carleton Meadows Management Company with an estate charge of £100 a year per household for grass cutting.
When Gateway Property Management took over in July 2017 it tripled the fee to £308 a year – that’s £17,000 from the 55 residents. Myers alleges that the fee includes more than £3,000 “postage”.
“I am on a lower-end income and ploughed my late husband’s insurance #money into this property,” says Myers. “I worry that I will be unable to afford this on top of full council tax etc, and also I will be unable to sell. I have been mis-led by Persimmon and the government.”
Persimmon says the initial costs had been miscalculated and that it was working with Gateway to resolve the issue.