Can Deeds of Grant of Estate Rentcharge be amended?
I would like to ask whether a signed and witnessed completed Deeds of Grant of Estate Rent, can be changed at a later date by the Residents Association?
I am a freeholder on a mixed tenancy development and as the grantor wish to secure the proper maintenance of the works listed with the deeds. The Association has agreed, as it obligation to ‘keep and maintain the Works’.
However, one of the items described in the clauses has been given away and have the intention to replace it with another unlisted item, which falls outside the scope of the deeds.
It does not seem legal, as the spirit and intention of the deeds I signed in 1999 are being manipulated to the advantage of others.
Just wondered whether this has happened to others and what are the legal remedies open to me?
Many thanks
Richard
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Member Since February 2011 - Comments: 3453 - Articles: 286
2:24 PM, 8th June 2020, About 6 years ago
Hi Richard,
I am sorry this is not an area of expertise for me but to help everyone I have found the .Gov guidance for Rentcharges >> https://www.gov.uk/guidance/rentcharges
Member Since July 2013 - Comments: 1266 - Articles: 1
9:49 AM, 13th June 2020, About 6 years ago
Sounds like a breach of contract issue. What is the item they have changed? Have they notified everyone formally? Do you object to the change or are you worried that it is the top of the slippery slope and other changes could creep in?
Member Since June 2020 - Comments: 1
6:52 PM, 13th June 2020, About 6 years ago
Reply to the comment left by Puzzler at 13/06/2020 – 09:49
The issues relate to actions taken by the Residents Association (RA) not reflecting their obligation of ‘keeping and maiming the works’. In particular the following:
1) disposal of the river walk way, a named works within the deeds
2) signing with the local council of the Grant of Easement and a Section 38 Highways Act 1980 Agreement, without the shareholder’s knowledge
3) giving the council £16k to take the feature off the RA’s hands, again without shareholders’ knowledge and
3). The inclusion of the River Thames river wall, which is outside the scope of both the deeds and estate plan.
Having used the dispute clause of the deeds and told be the RA ‘there is no dispute’.
These seem to be major alterations made after the deeds were to the originally signed in 1999.
Any advice on the above would be greatly welcomed.