Access to Communal Areas

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

    Access to Communal Areas

    My lease agreement says that I have access to the communal area of the development where I live. The communal area has three gates, one of which is on the street side and it is currently being used by both pedestrians and vehicles. I have requested the landlord to give me access to the communal areas through the other gates because these would give me direct access from the street. They said that I can only get into the communal areas using a smaller gate that is located opposite to the street as the gates on the street side are only reserved to residents who have allocated parking space within the communal area. More recently, I have seen other residents that have not allocated parking spaces within the communal area using the street gates too. Does my landlord have the right to restrict the access to the communal areas based on the fact that my parking space is not located inside the communal area?

    #2
    If I understand correctly, your access to areas to which you are supposed to have access is not restricted - only your route to get there. So the issue is what the lease says about the gates (if anything).

    Comment


      #3
      The lease does not mention any gate in particular, it only says that the residents have access to the communal areas in general, not through designated gates. The property manager has decided to give me access through this route and not through other routes at her own discretion. My concern is that this decision is arbitrary and does not apply to all residents the same way, regardless of the fact that some residents have parking space allocated inside or outside the communal areas.

      Comment


        #4
        Are the gates you are not supposed to use locked? If they are not, I think your argument is that the lease says you have the right to access the communal area and, in the absence of any provision to the contrary, you can access it through any gate which leads to it.

        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