Background

Many people, when they buy their home, may not realise the full responsibilities that go along with it.  Houses and flats are always sold subject to a Deed of Conditions. The Deed of Conditions for each estate was drawn up when the first property was sold which in the case of the vast majority of estates we manage, took place in the late 1970's or early 1980's.

This document which creates rights and responsibilities for each owner within the estate, amongst other things, places a legal obligation on every owner within an estate to contribute to the cost of "maintenance, repair and when necessary the renewal of such roadways, pavements, kerbs, laybys, pedestrian ways, parking areas and open spaces (including play areas and areas of hard and soft landscaping)...(except in so far as the same or any of them or any part thereof may from time to time be maintained at the expense of the appropriate Local Authority).

The Deed of Conditions says that each owner's responsibility extends to "the sweeping, cleansing and lighting" of non adopted areas in the estate, which includes litter picking and the removal of rubbish from these non adopted areas. 

I already pay Council Tax – why do I have to pay again?

Council Tax is collected by the local authority to meet the costs of maintenance items which are the local authority’s responsibility. Council tax will not pay for the maintenance of areas within each estate which are the joint responsibility of all owners in the area.  When the houses were first built and rented, the landlord at that time would have been responsible for maintaining the estates and would have recovered the cost from tenants’ rents.  As houses were gradually sold, the responsibility was passed on via the Deeds of Conditions to each new owner, to ensure it’s not just tenants who end up paying. 

So which areas are maintained by the local authority and which are excluded?

This varies from estate to estate but generally open landscaped areas, plays areas, minor footpaths, car-parks and parking spaces all fall within the common responsibility of the owners of the properties within the estates (including Atrium).  Main footpaths (generally those 2 metres wide) are maintained by the local authority, along with distributor roads within the estate. 

Why does Atrium Initiatives organise this work and not someone else

Atrium Initiatives has been undertaking this role for a number of years and is willing to continue to do it to ensure open areas within the estates are well tended and maintained. However, the Deed of Conditions makes provision for this to be changed if the majority of owners want it to.  There are a number of commercial factoring agents who operate in the area, any of whom would have the skills and experience needed to undertake the work. 

So we can change to another manager?

Yes - provided the majority of the owners vote in favour of a change of manager. For obvious reasons, we would not want to stop grass cutting, tree pruning, planting etc unless an alternative service is in place. So to avoid major maintenance problems we will continue to
exercise the role of manager unless and until the majority of owners in an estate vote to replace us with another body, and so long as it is cost effective for us to do so. 

I live in a flat.  How am I affected?

If you live in a flat, as well as contributing towards the maintenance of open areas in the general estate, you will have specific responsibilities in relation to the block of flats in which you live.  The additional responsibilities will be detailed in your title deeds.  The title deeds will describe which items are the shared responsibility of all owners in the block and how costs are apportioned between owners.  It is common for owners to use a “factor” or manager to ensure that routine repairs and maintenance are carried out and the appropriate shares recovered. 

What if I don’t pay?

You have a legal obligation to pay.  In addition, Atrium Initiatives is just the agent organising maintenance work on your behalf.  If you don't pay your bill, we won't be able to pay the contractor; if we can't pay the contractor the necessary maintenance won't get done and your area will suffer.

As an agent acting for all, we have a responsibility to take action against non-payers so failure to pay can lead to legal action to recover the debts.  You need to be aware that if legal action is taken, it will include an action to recover all legal costs, over and above the cost of the initial bill