Freehold Garden but Leaseholders have right to 'Quite Enjoyment" What can I do to it?

  • Filter
  • Time
  • Show
Clear All
new posts

    Freehold Garden but Leaseholders have right to 'Quite Enjoyment" What can I do to it?

    I bought my ground floor flat a few years ago, it is an old house converted into 3 flat, and I bought it with both the leasehold of the flat and the sole ownership of the freehold of the full property including the garden. The other 2 flats in the building are leasehold and have the right to "Quite Enjoyment" of the garden written into their lease. I want to do work to the garden, build some veg patches and possibly add a summerhouse for my garden tools etc. My question is am I allowed to do this as the freeholder even if the other flats have the right to "quite enjoyment"? Also do the leaseholders have the right to put garden furniture etc in the garden if they wish?

    Purely gut feeling. I would think you would be able to do that. However leaseholders would continue to have access for quiet enjoyment. I don't think they could erect anything. As always, read the lease.


      Including quiet enjoyment of your strawberries...


        Quiet enjoyment does not mean free of loud noise etc. It means free of anybody else claiming to have a better claim to the land


          I don't think quiet enjoyment of a garden area is anything to do with your right to turn part of that area into a vegetable patch, or your right to place permanent or semi permanent furniture. You can ask, and it could be agreed in a mutually friendly manner, subject to ***all*** others with those rights also agreeing. But otherwise you have no such rights unless the lease says you do.


            Is it different that he wants to do it as freeholder, not a leaseholder.


              May we know exactly what the lease says, please? In this sort of case the precise wording may be important.


                Originally posted by scot22 View Post
                Is it different that he wants to do it as freeholder, not a leaseholder.
                I mis-read the original post somewhat. But I think the same applies (depending on what the lease actually says) -- the FH cannot convert a communal garden into a private vegetable patch (unless the lease says it is is not communal), nor can lessees put permanent furnishings into a communal area (any more than they can put private shelving into the entrance hall).


                Latest Activity


                • 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
                • 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
                • 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
                • 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.
                  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

                  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