We have heard from our friends in the Unhappy Homeowners Against Greenbelt Group that there are two recent cases where judges at the small claims courts have been convinced by the evidence of lack of service.
They directed Greenbelt to a higher court mainly because they have understood the full picture including the fact that other home owners would then have to pay more (unless they took action to have their charges reduced).
Congratulation to the Greenbelt victims who have shown dogged persistence in successfully opposing unreasonable charges.
What does it mean for everyone else? It is a huge step away from the small claims courts being used to force payment of unreasonable or disputed charges. To defend yourself you must have good evidence. We understand that covenants with Greenbelt do not include a rent charge, so those home owners who are subject to this beware of the right of re-entry. This disproportionate remedy is still on the statute books and means that you can have your freehold taken from you if you don’t pay up. We are fighting to have this law amended.
If it is not so easy to bully people into paying unreasonable and unjustified estate charges, the management companies will have to start to justify the costs they rack up.