Client: The Dulwich Estate Charity
The Dulwich Estate, which covers 1,500 acres of land, in south east London is owned by the Dulwich Estate Charity. Mainly residential in nature, the Estate also comprises some shops, restaurants, public houses, sports grounds, allotments, schools, churches, an art gallery and an almshouse.
What distinguishes Dulwich from its environs is the preservation of character of the area including an almost rural feel with an abundance of trees and open spaces. This is no accident: for the past 400 years the Estate has been owned and managed by Edward Alleyn’s Endowed Charitable Foundation, initially as freeholders only and since the advent of the Leasehold Reform Act 1967 as Managers of the Scheme of Management.
Following the enactment of the Leasehold Reform Act, the lessees of houses were given the opportunity to buy their freeholds. To retain control over development and to preserve the character of the Estate the Trustees secured the approval of a Scheme of Management Charge in 1974 with the result that today there are some 3,800 freehold properties on the Estate subject to the Scheme of Management. The cost of administration of the Scheme and the maintenance of amenity areas is recovered in a service charge that requires to be apportioned fairly between all relevant parties.
The solution
It became necessary in 1998 to review the basis of apportionment which had become contentious. Our partner, Simon Chalwin, was appointed as an Independent Surveyor to determine the basis of apportionment and has been responsible for determining the basis annually since then. The first determination involved receiving and considering representations from interested parties, including the Dulwich Estate itself and amenity groups such as the influential Dulwich Society.
Results
It was necessary to determine a basis of apportionment that would be fair, equitable and cost effective to administer. The achievement is that to date the basis has stood the test of time, proved flexible and capable of amendment in subsequent years to reflect changes in circumstances; and, after the first determination, has been non-contentious.
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