• TP1 Form.

    By Guest on 20th Mar 2017

    I have freehold house but share a commuanl car [ark with 6 leasehold flats who have a property management company to carry out maintenance etc. At no point during my purchase did my conyeyancing solicitor mention this and i am now being asked to contribute and the property management compaany says i have signed a TP1 form so am liable. I have checked and the original owner of the house did in fact sign this TP1 document but i have not , do i have to pay them ?

  • 3 Answers

    By Guest on 21/03/2017

    Ordinarily in this situation the transfer from the builder to the first purchaser (the TP1) would contain a covenant by the purchaser to make the contribution and a restriction would be placed on the property title basically saying that each time the property is sold the new owner has to enter into a covenant with the maintenance company to make the payments. If you have not entered into such a covenant (which would have been contained in a deed of covenant), or if you have not become a member or shareholder of the company then they may not be able to force you to pay but if the TP1 contains both a right to use the parking space and an obligation on the property owner to contribute to maintenance then under the rule in Halsall v Brizell [1957] you may be prevented from using the space

  • By Guest on 21/03/2017

    Could you recommend someone to speak to about this issue , its obviously complex and i need some guidance ?

  • By Guest on 03/09/2019

    All residents in this small development, of 5 properties.signed the TP1 agreeing that the communal land would be transferred to a limited management company, which we would run. This transfer would take place after the sale of the last property. The final property was sold 2 years ago. However, the developer will not transfer the land to the property owners and his solicitors just say they have no instruction to do so, despite being their acting solicitor throughout and drawing up the TP1.

    What should our next step be?

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