Phase 1 - Must Do Actions

What is the current status update and findings of the Fixed Rentcharge issue for Phase 1 residents?

It's important to note that every time a property is brought on Newhall that Newhall Projects, NRAL, Tees Law and SHW are notified. Newhall Projects/NRAL and Tees Law who respresent them are all part of teh legal process of the purchase wherein signatories from all parties including residents to agree to the terms of the Deed are undertaken. A signed copy of your Newhall Deed of Covenant and Rentcharge document sent is then sent by your conveyancing solicitor into Newhall Projects, NRAL, Tees Law and SHW within a set number of days (specified in the contract terms) for Newhall Projects, NRAL and SHW to register the newly signed Deed and the change of ownership in the property (brand new buyer and/or onward buyer) to update the service charge property account and the Fixed Rentcharge property account to issue demands to the new named property owners(s). This Newhall specific defined contractual obligation and process lets Newhall and SHW know within the first month of purchase timeframe who to send the invoice demands out to for the property. 

Here's the thing, a number of the Phase 1 properties were also taken over development and sale of these as developers went bust and Newhall Projects took these over. Therefore, there is zero excuse for SHW, NHP, NRAL and Tees Law for having got this so wrong for Phase 1 residents as they are in possession of all these Deed contracts to 

i)enter into the new contract with the new buyer 

ii) process the buyer onto the system.

Therefore  fully aware from Day 1 which property on the Newhall Estate  is obliged and liable to pay the £1 Fixe Rentcharge and which property is not. Note: If you're liable for the Fixed Rentcharge you will find it runs with the property transfer as part of your TP1 or some may have a TR1.  

Our residents action group has identified and caught SHW, NHP, NRAL and Tees Law red handed being disingenuous again in their conduct towards residents of Newhall Phase 1, by what appears knowingly sending out to Phase 1 residents demands for the £1 Fixed Rentcharge and what using a contract law loop hole (acceptance by conduct) had this action group not come together and dug into the detail of the contracts together. It appears Newhall Projects, NRAL, Tees Law and SHW were attempting to place this interest over Phase 1 residents properties and outstanding charge onto Phase 1 properties that had at no point ever agreed or contractually signed into these terms and implications, thereby increasing their income (as they came in the latest guidance published 12th April to be)  and placing a serious implication over your property that will cost you like others between £1-1.5k when you come to remortgage (as Lenders are tightening up on no longer taking the risk a Fixed Rentchage brings with it) or sell your property.

Why is it important that you and every resident (property owner) that is in Phase 1 take immediate action and send this email in the below template (at the bottom of the page) if your street is in Phase 1?

It is imperative that each and every Phase 1 property owner and resident take action now to protect themselves and send the below template email to SHW, NHP, NRAL and Tees Law. - as per usual the email addresses will be within the email template for you for simplicity of who to send to.

• This is important - there is a loop hole in contract law (acceptance by conduct) that gets exploited very often on the unsuspecting and in all good faith trusting persons like you and I and companies alike. It is a loop hole that can you leave you stuck with a change to your contract and obligation that you in all good faith know and believe that you never agreed to and you'd be right you didn't. However, the loop hole can be enforced if you do nothing. Why is this?  Because by doing nothing, not challenging and not demanding things to be corrected, refunded, all reference to such cleared from your property account and confirmed as such straight away it has come to your awareness and attention, in contract law this loop hole means if you do nothing that you have accepted into the new terms by not having taken any action, even if you haven't signed into a contract to agree to this. 

• It is also noted that on the recent guidance, allegedly to be authored from Tees Law (however a public refusal to confirm this), appears to have been deliberately and ignorantly omitted to informed Phase 1 residents that they are not contractually bound nor liable to pay or be entered into the serious implications this £1 Fixed Rentcharge brings with it. Phase 1 residents now need to take immediate action to ensure they don't fall foul to the contract law loophole they have been forced into by Newhall Projects, NRAL, Tees Law, SHW as Phase 1 residents current actions have in all good faith of being misinformed by Newhall Projects, NRAL, Tees Law, SHW either paid into the £1 Fixed Rentcharge in 2023 and 2024 and not challenged this charge applied to their property account to request it to be completely refunded and all reference to it removed. 

• This is important - also in the  guidance posted by SHW on 12th April they appear to have been disingenuous again and not shared with residents that it has already been looked into prior to 10th April and Newhall Projects, NRAL, Tees Law and SHW have come to the same conclusion now as the residents action group have brought ot their attention that Phase 1 residents are not liable and have written to confirm their findings to be the same of this being  excluded from their contracts. 

• However, there is still zero time commitment provided by Newhall Projects, NRAL, Tees Law and SHW on immediately undertaking refunding the charges made/applied to each and every Phase 1 Property account since 1st January 2023 to current date and all to individually receive, in writing confirmation to each property address, at SHW's & Tees Law's own expense not residents, that the property is not liable for this charge contractually and never will be.   It is only the efforts of the residents action group coming together, sharing with each other and investigation of documents that Newhall Projects, NRAL, Tees Law and SHW are having to admit this error. At no point through the coming up 16months that residents have challenged motives and legality of this have Newhall Projects, NRAL, Tees Law and SHW bothered to investigate properly and put this right properly for Phase 1 residents. They have failed to do so far and in many other areas yet to be pursued with documentary evidence too. Therefore, it is imperative that Phase 1 residents lead their own destiny on this to make sure each of you and your property interest is kept safe permanently.  

• All Phase 1 residents now need to challenge this to make sure it is clear as a resident you are not in agreement to this change of contract by way of paying into/accepting the £1 Fixed Rentcharge on your account and in terms of contract they have tried to enforce upon you by disingenuously making you agree to the new terms in telling you "not to worry about it and just pay it" and paying the £1 each year in the quarterly instalments they have introduced on your account since starting on 1st January 2023. Please note the confirmation from SHW of their awareness on this as shared below was sent on 10th April to residents and the guidance deliberately omitting this key information for Phase 1 residents was posted by SHW, on allegedly Tees Law behalf, on the website on 12th April. 

Please go to the email template at the end of this page and copy and paste and update your specific details within the email as marked within the email to do so. Please send the email to the  addresses within the email template. Please note if you send the email later than the date in the email template please amend these. 14 days should be counted as day one on the day of sending if in the morning and if in the afternoon add one extra day.   

For your general information and keeping you informed - What is the current update and status of the established situation for Phase 1?

• Through residents coming together and sharing their legal documents for review and comparison it is confirmed that the main majority of Phase 1 properties TP1 and Deeds documents do not include the liability and obligation to pay the £1 Fixed Rentcharge. 

• SHW and Newhall Projects (NHP)/Newhall Residents Association Limited (NRAL) however have issued out demands and applied to residents accounts of Phase 1 incorrectly the £1 Fixed Rentcharge. 

• In response to SHW being challenged by residents to provide evidence of dated, signed and witnessed legal contractual documents to validate the alleged residents commitment to agreeing and entering into the £1 Fixed Rentcharge being applied to their property and account:

SHW have provided the below response to residents:

Email Template - 14 Days Notice - Fixed Rentcharge full refunds & removal of all references from property account 

Click here to register to confirm that you have sent the email template. Why is this important? 

To help ensure that every Phase 1 resident in our community is made aware of this must do action to ensure to protect to each resident's interest in their own property and protect every Phase 1 resident from being caught out by this loop hole in contract law of by doing nothing that would create a serious implication in giving Newhall an interest over their property and result in the resident having to also incur the financial £1-1.5k costs other residents are having to bear with this charge actually present in their TP1 and Deeds at present.