Management Company update

I have been contacted by a resident informing me that there have been some concerns raised on Priors Hall Park social media regarding re-selling properties and changes in powers for Priors Hall Park Management Limited (PHPML).

Let me reassure you that nothing has been added or changed within the Transfer of Part of registered title (TP1) since the first house was sold in 2010. This is the document that all homeowners sign when they purchase their property. PHPML are party to the TP1 and under the covenants therein, are responsible for managing the green and community space within Priors Hall Park. Homeowners, by signing a TP1, agree to adhere to the covenants, which includes paying a management fee to PHPML for this service. I can also confirm that there has not been a change in management company, which remains Priors Hall Park Management Limited.

With regards to selling properties on Priors Hall Park, there have been nearly 1400 sales through house builders and over 200 resales which have all happened with these clauses in place.  

It is correct that a homeowner on Priors Hall Park cannot sell their property without clearing any outstanding balance, but this would be the same for any management company. A service has been provided and through the TP1 the homeowner has agreed to pay for this service. The clause, within the Rentcharge section of the TP1, provides PHPML the powers and remedies conferred by the Law of Property Act 1925 allowing the recovery of the payment. This allows PHPML to hold the priority charge in relation to dept on the property, which would need to be cleared prior to a sale completion.

PHPML’s current debt policy is;

1. Send first reminder
2. Send final reminder
3. Send Solicitors letter – charge £35
4. Send final Solicitors letter warning online money claim if debt not paid – charge £35
5. Commence online money claim – charge £70 (approximate court cost) and interest
6. If account remains unpaid court will issue CCJ

PHPML are not able to re-possess a property but we are, if the debt remains unpaid after a CCJ is issued, required to inform the homeowner’s mortgage provider due to the priority charge. At this point some mortgage providers may pay the debt on their client’s behalf and add the debt to the outstanding balance on their mortgage. As with any debt, if a CCJ is issued and remains unpaid bailiffs can be engaged to recover the debt. Which to date we have never done.

I hope this clarifies any issues and concerns you may have. If you have any furtherr concerns that you would like to discuss, please contact us.

Regards

Paula O’Brien