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Factors on property

16 replies

StrongerSingle · 24/06/2018 17:46

Any advice greatly appreciated.

I'm not sure if this is a Scottish thing as I've not come across it before.

Following my divorce, me and kids moved to a lovely but small new-ish house. I knew a little about the factor before I moved, but it was only when I moved in I realised it was for maintaining some land further into the estate, that I never see.

But that isn't my reason for posting. We've just had the bill from July 18 to May 29 and they've put the charge up by 50% from last year!

The company we pay are Greenbelt.

Has anyone here managed to get the company changed, or gone to court to question the house deeds? (It's in the deeds that we must pay this charge)

I have heard that other resident groups have managed to have that part of their deeds declared illegal.

Anyone had experience of this?

Thanks in advance :)

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AgentProvocateur · 24/06/2018 17:49

All factors, without exception, are robbing bastards Wink. True fact.

If you’re on a new estate, the deeds will prob say that Greenbelt or whoever have been appointed for three years or something. After that, a percentage of residents have to agree to change factors. But even if you change, you’ll just end up with a different shower of robbing bastards.

StrongerSingle · 24/06/2018 18:12

Thanks Agent :)

They sure are robbing bastards. I'm now paying £312 a year for a bit of land I don't see Confused

Today, myself and a few neighbours got together to see if there were enough people angry about this to form a residents association. It looks like the majority are interested so we'll see where this takes us.

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Mybabystolemysanity · 24/06/2018 18:22

Resident's association can petition for changes.

FWIW, I've just sold a house with a factoring charge payable to the builder. Not a huge amount- £15 a month to cover the maintenance on an estate of 220 houses. There were plenty of bits of the estate I never saw, but paying that fee every year helped preserve the look of the estate, kept the roads safe in the winter and significantly helps maintain the value of your house. Worth every penny we paid.

Might be worth seeing if a residents association can contract directly rather than via a factor, cutting the cost. Someone has to be prepared to do the admin though.

StrongerSingle · 24/06/2018 18:38

Thanks Mybabystolemysanity :)

We are all aware that we need someone to maintain the land. We would just like to have a say in who maintains it, and maybe get competitive quotes.

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WaxOnFeckOff · 24/06/2018 18:52

It depends.

Do green belt own the bit of land that you are being charged the fees for?

I've had two different scenarios, both new build estates. First one was where the factors were simply awarded a contract to maintain common areas and also peoples front lawns. The estate got together a residents association which re-allocated a reduced contract for only the common areas to a different factor.

Second one is currebt estate where all the common pieces of land were given to Greenbelt so they own them and the contract to maintain them. It seems far harder to get anything done to change them as them being the land owners means they have a say in who maintains them. As it's a biggish estate the actual amount per home is quite modest so people haven't really bothered too much.

StrongerSingle · 24/06/2018 19:11

Just found this ... really interesting.

www.spanglefish.com/GreenbeltGroupAction/

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user1487194234 · 24/06/2018 23:08

Greenbelt often differs from usual factors in that they essentially own the ground so it is harder to get rid
Check your titles

StrongerSingle · 24/06/2018 23:41

I do think they own the land user1487194234, sadly.

But as some others have had the land maintenance burden in their deeds declared invalid, I think there may be hope (link above)

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EllenRipley · 24/06/2018 23:59

Look up the Property Factors Act Scotland (2011) and see if there's anything that applies to your situation. I'm currently in the midst of a battle with ours and it's been useful.

user1487194234 · 25/06/2018 11:27

Hi that case was on a very narrow point ,which it has been suggested could be cured.It might hep ,but is not a total solution,unfortunately

gryffen · 25/06/2018 11:53

Our area in Glasgow covered by Greenbelt too and only certain houses pay it. They haven't done anything in our area for years and mostly use subcontractors to do work etxn

Oh and GB have gone bust btw (in our area anyway) so legally ask if it's payable now since the above.

user1487194234 · 25/06/2018 18:04

Hadn’t heard GB had gone bust
Must be very recently as no reference on Companies House
The liability would cross to the liquidators surely?

gryffen · 26/06/2018 15:05

It was one of our neighbours that let us know due to how useless GB are in our area and the constant use of sub contractors etc - they never reply to our letters are it was an unknown company who replied to a HoC letterhead from our MSP.

If I find out more info I'll post asap.

StrongerSingle · 26/06/2018 18:09

That's interesting Gryffen.

I'll do some more research.

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StrongerSingle · 27/06/2018 06:44

Did some digging last night, and I can't see any evidence they have gone bust but their Managing Director resigned on 7th June.

And wow! When you google them, there is a lot of anger out there Shock

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Notthisnotthat · 01/07/2018 05:42

I'm sure an estate in Broughty Ferry managed to change factors, I think it went to court. I'll have a hunt online.

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