BarryI am grateful for these questions because they provide an excellent opportunity for me to clarify the thinking behind this programme. Let me deal with each of the issues which you raise separately:"If a part of an estate infrastructure, such as Roads, Paths, lighting, grounds maintenance, ect, then I suppose most lease holders wouldn’t mind paying there share of the upgrade, but would probably decline for some fancy add on.."I wouldn't anticipate that we would approve an application either for roads, paths etc. or for a fancy add-on. In the former case these are services which any council would be obligated to provide for as part of its own budget, whereas as I stated earlier in this thread in response to Vanessa I would not expect leaseholders or tenants to pay for unnecessary adornments."Many Council houses are not on Estates, one I pass most days is Lionel Road, and there must be 3 to 4 hundred local authority houses along that stretch of road...I have no Idea if they have an association of any sort to apply for the money when the process is decided in May, so maybe this should also be taken into consideration when discussing how tenants can bid for this money."It is likely that when the final terms are drafted it will be specified that applications from established residents' groups will be looked upon favourably but that, in certain circumstances, it may be permissible for an application to be approved from an informal body.The reasons for this are clear in my mind. One of the main objectives of this programme is to encourage communities with existing associations to support and build them, and in parallel with this to inspire communities currently without associations to set them up.At the same time I would not wish to close the door entirely on communities which might, for some exceptional reason, not be able to work in this way."The other thing I wish to ask is, if a lot of money is spent on a communal area, which maybe surrounded by 50% owner-occupier and 50% tenant or leaseholders, will the owner occupiers be expected to pay a percentage of the bill? If they are, with the present moorage problems I can see them not being able to pay their share, so some schemes maybe doomed before they get off the ground."I note that you differentiate between owner-occupiers and leaseholders, as such I presume that by the former you are referring to freeholders. In their case the charge they pay will be determined by the terms of their lease, and I am obliged to say that under the old administration this whole issue was cocked up on a quite monumental scale. Some freeholders have nothing in their lease to obligate them to pay anything. In the case of these people we could not expect them to make any contribution.Some agreed to pay a one-off charge when they purchased their properties from the council. Again, having already paid this charge we would have no authority to ask them for any further contribution.Certain freeholders have undertaken to pay "any reasonable charge" asked of them. Some years back I successfully defended a resident at Brentford County Court who had been asked to pay for a service which the local authority freely admitted had not been provided. The Court ruled that it was unreasonable to charge for a service which hadn't been given and threw the case out, awarding her costs in the process.In the case of some others, however, the word "reasonable" was cynically deleted from the lease and they have in practise been asked not only to pay their own share but also to subsidise those of others. At the same Court I was unsuccessful in trying to defend a victim of this policy, the District Judge ruling that although the charge was "most unfair", he had a contractual to pay it nonetheless having been poorly advised by his solicitor when purchasing his property. For many years the local authority continued to make this patently unreasonable charge against him, simply because it could.So to return to your question (sorry!), no freeholder or leaseholder will be asked to make an unreasonable contribution towards any project, but where he or she has undertaken to pay a reasonable amount that amount will be asked for.In the light of this, the reality is that the size of any project (in financial terms) will need to be loosely proportionate to the number of households that it will benefit.
Phil Andrews ● 6312d