Residents of new Barratt Homes in Wallyford have staged a protest at having to stump up for two separate factor fees at their estate.
They claim it was not made clear to them by the developer that there would be two separate charges to pay each year for the upkeep of public space at St Clements Wells, Wallyford.
East Lothian Development Ltd owns much of the land in the area and has hired residential property factors Hacking and Paterson to collect an annual factor fee of £98 per year from residents for the maintenance of communal grass areas and a playpark.
All homes in the area, including from other developers such as Taylor Wimpey, are being asked to pay this charge.
However, in addition, residents of Barratt Homes houses there are being asked to pay an additional factor fee to management company Ross and Liddell, who were hired separately by Barratt to maintain some of the communal areas and shrubbery for a fee of £100 per year.
About 40 unhappy residents held a public meeting in Wallyford Miners' Club on Wednesday to discuss the matter and some protested outside Barratt’s sales office on Futures Way, Wallyford on Saturday, waving red cards and home-made signs saying 'Factor off Barratt' to show their displeasure.
Kris Kimmett, 34, bought his first property with his fiancee at St Clements Wells in October 2021, moving in last February, and said there was no mention from Barratt of two separate factors fees.
He said: “When we bought the home in 2021 we were not told about a second factor fee. We were explicitly told there would just be one fee.
“This fee was to be paid to Ross and Liddell for the maintenance work.
“So when we got a letter from Hacking and Paterson asking for £98 for these other things we were shocked and angry and so were other residents.
“It was not made clear to us that this fee would have to be paid on top of the fee to Ross and Liddell and we don’t see why we should have to pay a second fee.
“The fee itself is not too significant for us: it’s the principle of paying a fee that was not mentioned that is annoying."
Councillor Lee-Anne Menzies, ward member for Tranent, Wallyford and Macmerry, has been assisting residents in the matter.
Ms Menzies said: “This is a complicated situation and the residents there just want a resolution to it.
“I set up this public meeting as a means to facilitate somewhere where people could share their views and hopefully help give them the next steps on action they can take.
“They plan to set up a residents' association which will then allow them to sit down with Barratt and the other groups involved and discuss the issue.
“Unfortunately, given that the two factors are mentioned in the title deeds, there aren’t many legal options here for residents. But morally Barratt are in the wrong.
“None of the solicitors for the residents picked up on the additional factor fee which shows how well hidden it is.
“Residents asked for a goodwill payment from Barratt to cover the fee for Hacking and Paterson, but this has been denied by Barratt.
“I think that clearly shows how much sympathy the business has, that they are not willing to offer this goodwill payment to correct their mistake.”
A spokesperson for Barratt Developments Scotland said: “We bought the land for our development through East Lothian Development Ltd (ELDL), and shortly afterwards, appointed Ross and Liddell as the company contracted to maintain the land within our boundary.
“The land next to our development is still owned by ELDL, who contracted Hacking and Paterson to carry out maintenance and landscaping. This includes a play park, grass verges and public green spaces. The cost to residents for this maintenance is £6.50 per month.
“The annual maintenance charge was included in the deed of conditions and is something that the solicitors of all homeowners are required to make their clients aware of.
"We are happy to speak to residents about any questions or concerns they may have.”
