How can I bring to an end a deed of grant of Estate rentcharge
I will be very grateful for any advice about my circumstance.
I am a freeholder of a property in the Thamesmead area in London.
I bought my property in 2004.
Amongst the documents signed during the purchase is a deed of grant of estate rentcharge.
The collection of the rentcharge was to use it to maintain the communal areas because during that period the roads in the area were deemed to be private roads and some of the houses planned to be built wee not yet completed so Barratt introduced the rentcharge to collect money to carry out some maintenance work in the area.
I have talked with other freeholders and everyone feels the same like I feel. I have talked to over 50 other freeholders about this matter.
The properties in question were built by property developer called Barratt in around 1995.
Barratt built the houses in the area in segments. Before Barratt completed building all the segments altogether they made the owners of the completed areas to pay a rentcharge so that the communal areas can be cleaned and maintained. The roads in the areas were deemed to be private roads at that time until later in the years when the council adopted the roads.
Some years after Barratt completed building all the houses in the area the council adopted all the roads which were initially deemed private roads and the council now cleans and maintains the roads.
The company named in the deed of grant of estate rentcharge appears to have faded out and we now have a new company (called 1st port) which says they are acting for the company named in the deed and this new company has been collecting the rent charge for many years now.
This new company (1st port) has been acting in a high handed way. The following is what has been happening:
- The rent charge keeps going up every every year even though nobody knows what they do and nobody sees them do anything.
- The council now carries out all the major work that we are aware of
- The company collecting the rent charge (1st Port) acts in a high handed way eg if you owe £50 of unpaid rent charge , within a few weeks that £50 owing may become £500 because of extra charges being immediately added onto it.
- There are some houses who are not paying the rent charge and the company refusesto say why some houses are not paying.
- I and some other freeholders have written severally going to one year asking that the company (1st port) comes to show us what service they actually provide given that the council have now adopted the roads and provide services for over 10 years now but they have failed to honour such invitation.
- Frankly I and other freeholders genuinely do not know what service this company really provides.
- To any question they threaten legal action. There solicitors appear to be colluding with them to harrass and make freeholders pay money for a service nobody knows they are providing.
They keep referring to the deed of rent charges to support their position. But many things have changed since the date of the making of the deed of grant of Estate rentcharge.
My question is
- How do we bring this deed to an end given a lot has changed since the deed was made.
If you want to see a copy of the deed , I could copy and paste it for you to see.
- I and the other freeholders are prepared to go to court, my question is that How do we go about it .
I will be grateful for your swift advice. Time is of the essence to act.
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