Management company to extend bin store outside property and own the head lease

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Management company to extend bin store outside property and own the head lease

    I have a ground floor flat with a bin store area to the rear of the property. Currently this is to the side of the property, but the management company want to extend this to store more bins. The bin store would be extended so it comes into view of one of the bedrooms.

    The management company purchased the freehold and the head lease. The bin store changes were approved in the AGM however these changes were not stated on the agenda for the meeting therefore I was unaware until I received the minutes of meeting. The AGM consist mainly of friends and relatives of the Director of the management company who approved the plans, so even If attended I would have been outvoted.

    I have contacted the company to see the plans and work something out. If I cannot resolve this myself I would like to know what the options are considering they own the head lease.

    #2
    Object to the planning application, or, if they start work without one, raise a planning breach report with the council.

    Generally there are no permitted rights developments for flats, beyond fencing and satellite (microwave) dishes.

    Look at the lease, and see if you have any easement to use the land they intend to encroach on, and which is unconditional.

    (Also obtain a copy of the planning consent, for the flats, from the council. It might be that there are specific conditions.)

    Comment


      #3
      Thanks for the information. The bin store already exists and is being expanded. The work is about to start. Its the expansion which is which is the problem as it encroaches in the bedroom view which is on the ground floor.

      Just so I am clear, if the management company own the Head lease and the freehold, can it do whatever it wants to with the bin store, or do they still need a planning application. The director of the management company is of the opinion that he is less constrained by council rules now that he has purchased the head lease from the council. I have yet to check for a planning application, and will look into it.

      Comment


        #4
        Originally posted by kuvpatel View Post
        if the management company own the Head lease and the freehold, can it do whatever it wants to with the bin store
        No, they're still bound by the terms of the Lease. leaseholder64 is right - have a look at your lease, have a look at your communal areas, and see if they're still adhering to it.

        I've tried to get planning permission type stuff through and the council usually don't want to know unless it's really blatant. You're going to have better luck using your lease which will almost certainly have this stuff enshrined.

        Comment


          #5
          Planning permission has nothing to do with whether or not the council is the landlord. Whether or not you can convince the planning authority that real harm is being done is a different matter, but any consent for the bin store will be conditional on its remaining in conformance with that consent. If there was no consent, and it is too late to challenge on the original breach, any change will be a new breach.

          Comment


            #6
            This is very helpful. Thank you to leaseholder64 and Benzo

            Comment


              #7
              I have received a reply from the Management Company that they do not need a planning application and have decided to commence with the bin store improvement despite my objection. The bin store extention takes up some of the communal area in the car park which residents use as access to the get to their cars.

              The lease has a clause about encroachment and light passage and to report such issues to the leessor. However it is the management company which owns the head lease making the alterations. The lease also contains a map of the development showing the space occupied by the original bin stores. This space is less than the proposed new bin stores, therefore it is an alteration to the original plans.

              Trying to interpret the particulars of a lease correctly for me is not an easy task and I will be contacting a solicitor. I am wondering if I have sufficent grounds challenge the management company.

              Comment


                #8
                Originally posted by kuvpatel View Post
                Trying to interpret the particulars of a lease correctly for me is not an easy task and I will be contacting a solicitor. I am wondering if I have sufficent grounds challenge the management company.
                Not easy for any of us mate. You're doing the right thing. Get a professional opinion.

                Comment


                  #9
                  I think they are probably wrong about planning permission. They are probably using the rules for householders, but those don't apply to flats.

                  Comment


                    #10
                    The development is square with flat on one side and houses on three sides, with a car park in the middle. The lease is very similar for both types of properties where common parts are concerned, so maybe they are using the wrong rules. Once I learn more through a solicitor I will post the findings for anyone who gets into a similar situation. Your comments are appreciated as I feel more confident approaching a solicitor having thought through the situation first.

                    Comment


                      #11
                      Having exchanged letters with the Management Company, I formally stated my objection to the planned bin store and detailed my reasons. I was planning to instruct a solicitor, but the Management Company decided not to go ahead with the planned development. They have agreed to redraw the plans for the bin store. I have suggested that the new bin store should be the same dimensions as the existing one and occupy the same space. Hopefully they will stick to what has been agreed. Your comments here have been very useful for me in tackling this problem. In particular, if the Management Company owns the head lease, they are not exempt from planning permission and a planning breach report can be raised. I would like to thank Benzo and Leaseholder64 for your replies.

                      Comment


                        #12
                        Pleasure. I'm glad it worked out for you.

                        Comment

                        Latest Activity

                        Collapse

                        • Negotiating a lease extension
                          by LizLease
                          Hi all, I am new to the forum.
                          I am looking to extend the lease on a flat (currently under 70 years).
                          I received a quote from the freeholder and a valuation from a surveyor (£3k lower than the freeholder's figure).
                          I spoke to the leasehold Advisory Service who said to ask the surveyor...
                          21-01-2021, 12:44 PM
                        • Reply to Negotiating a lease extension
                          by sgclacy
                          If you were to challenge the costs afterwards, almost certainly it would be dealt with as a paper review and is not as daunting as it might seem . The Tribunal generally think that around £350 plus VAT for dealing with the Section 42 Notice of claim and circa £1000 plus vat for the deed of surrender...
                          22-09-2021, 13:38 PM
                        • Reply to Renewing the lease and sublet charges
                          by Gordon999
                          I have some faint recollection that a complaint of " in-house legal team" was raised before a LVT or FTT Tribunal and Chairman decided "in-house team" did not qualify as "solicitor", who are required to conduct CDD ( Client Due Diligence ) before taking...
                          22-09-2021, 12:28 PM
                        • Renewing the lease and sublet charges
                          by mpppen
                          I've just about finished the tortuous process of renewing the lease at a flat we own bringing it up to 170 years and no ground rent (yay).

                          It is rent out and I do keep getting sublet registration demands from an infamous mgm company on here.

                          I've read back through the forums...
                          21-09-2021, 18:47 PM
                        • Example "Deed of Variation" for extending the lease term.
                          by Lat
                          I have tried google but there is very little to show. Does anyone have a redacted example of a "Deed of Variation" that they have had to sign?

                          The criteria in my case is...

                          1. Shared Freehold flat in block of flats
                          2. Freeholder is Residents Company Ltd with...
                          04-09-2021, 11:24 AM
                        • Reply to Example "Deed of Variation" for extending the lease term.
                          by Lat
                          What is wrong with the following process to register the "Deed of Varation"

                          All that is required of me is to get the "Deed of Variation" registered with the Land Registry and provide a copy of the new lease to the Company Secretary.

                          The Process.
                          1....
                          22-09-2021, 12:16 PM
                        • Dissolve company and regain shares
                          by LaraJara21
                          Good afternoon

                          I am the director of a small a residents management company / limited company and We want to dissolve the limited company so each freeholder can regain their own shares. I would be extremely grateful if someone could advise on if this is possible and if so, how do we that?...
                          22-09-2021, 11:35 AM
                        • Reply to Dissolve company and regain shares
                          by Gordon999
                          The RMC has legal rights under the lease to administer the service charge account and demand annual service charge contribution from leaseholders. . It should not be dissolved because it holds the freehold title of the building.

                          If you transfer the freehold title to the leaseholders,...
                          22-09-2021, 12:05 PM
                        • Right to Manage Costs
                          by Pariah81
                          Hi,

                          I am part of a residents association that is exploring right to manage (RTM).

                          We are a 30 flat block in the Ealing area.

                          We want to get advice on the process so how much should we be expecting to pay for our legals?

                          I'm also aware we have to pay...
                          21-09-2021, 13:48 PM
                        • Reply to Right to Manage Costs
                          by ram

                          You can't do that, as where is the money going to come from ?
                          You cant give them back the money they gave towards the RTM - as then WHO pays for the RTM legal fees ? - You ?
                          It can't come out of the service charges.
                          You can pay ONE of the Directors, say $ 500 per year to administer
                          ...
                          22-09-2021, 10:03 AM
                        Working...
                        X