TWO Rivers Housing Association has announced a root and branch review of its entire estate, has pledged not to charge its tenants any extra for grass cutting and says it is now unlikely to be able to "maintain the high level of maintenance our estates currently enjoy."

The announcement was made in the wake of the association comprehensively losing its legal battle in the 'grass mowing' row with private homeowners who objected to being billed for estate maintenance.

In reality, Two Rivers' case fell on the sword of a few paragraphs drafted back in the early 1990s by the Forest of Dean District Council when it drew up its 'Right to Buy' conveyances.

It was this wording that was described by the His Honour Judge McCahill as "vague ... catch all and bereft of detail". Even the barrister representing Two Rivers admitted it was "inept."

In his judgement delivered last Friday, Judge McCahill dismissed Two Rivers claims against the six defendants from Lydney, Newnham and Newent, ordered them to pay costs and refused permission to appeal.

Tracey Ashford of Rowbis Solicitors who represented the defendants, said: "The whole case turned on the interpretation of a clause in my clients' conveyances when they purchased homes from Forest of Dean District Council under the Right to Buy scheme.

"His Honour in particular stated that the Forest of Dean District Council could have been clear and particular in the wording of the conveyances if it was their intention to levy such charges. He further stated that there is public access to the grassed areas and therefore my clients could not have any special right to use the areas over and above the general public.

"He also accepted in any event that my clients did not use the grassed areas and had no need to."

She added: "It is a shame that Two Rivers Housing have chosen to turn this dispute into a political argument when it is a legal argument over the meaning of a specific clause in a particular document."

Meanwhile, Two Rivers is left nursing a shortfall in its contract for grass cutting and maintenance as well as hefty legal bills.

In an early statement it said it was: "Disappointed that the court has not upheld the interests of housing association tenants but elected to allow those who have bought their own homes to opt out of paying for the maintenance and upkeep of communal grassed areas."

Speaking to the Review Dr David Garnett, chair of the board of Two Rivers, said: "Our first response now is to do a detailed review of our land ownership, understand where these sites are, who lives on them, where the homeowners are and what open spaces we have.

"We'll be consulting closely with our tenants for their views on how they want the estates managed. And once we know the precise details of our estate ownership we'll be in a better position to micro manage the whole estate.

"We are though, determined that no additional burden will be passed on to our tenants. We will be writing to reassure them that they won't be paying any extra costs.

"There will be a shortfall though and we are going to have to look at that. Where there is land surrounded by homeowners we may also need to negotiate with them on how they want to manage the estate given that they are not paying towards it at the moment."