Leaseholder extended demise with personal possessions

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    Leaseholder extended demise with personal possessions

    New leaseholder has decided to take over the communal patio area and stairs with all personal possessions and flower pots etc, drinking parties and hovering outside the ground floor windows of another tenant who has been even shouted at by them when in their own property ...they wont listen to being politely asked to move their stuff so how to get freeholder to enforce regulations and as they have extended their demise?

    #2
    Not sure about the hovering if they are allowed to hover.

    But stuff dumped in communal area is a no no.

    Formal letter from you to FH. Point out fire safety etc. Ask whether their lease (and all the leases) are going to be altered to reflect the changed service charge %s

    It may be inappropriate, but if I were you and FH does not act I would take all the stuff and chuck it in the bin.

    On of the big defects in the current structure and ability to implement legislation in this area is the difficulty of getting FH to get lessees to observe the lease. Therefore you have to take action yourself.

    Comment


      #3
      What does the lease say about use of communal areas?

      It is highly unlikely that personal possessions, including flower pots, are allowed, and it is quite possible that they are affecting fire safety by having things in communal areas (as AndrewDod has suggested).

      I doubt that their lease says anything about "hovering" outside neighbours windows, and it also probably doesn't say anything about 'hoovering' - but it may well contain clauses that say that leaseholders/tenants should not do anything that may cause annoyance to other residents (or something to that effect).

      As has been said, it can be very difficult to get freeholders to do anything about disagreements between leaseholders/tenants, even when one is breaching lease clauses.
      If you cannot reach amicable agreement, it is highly unlikely that anything that the freeholder is willing to do will help, and trying to get them involved might even make matters worse.

      While it is tempting to throw the other leaseholders stuff away yourself, if you are caught doing this you can be held responsible for reimbursing them for any loss/damage, and you could potentially face criminal charges for theft or criminal damage. On the other hand, if you were to accidentally trip over a plant pot they had left in the stair well, they could be held responsible for compensating you for any injury, including lost earnings.

      Comment


        #4
        Our lease specifically refers to prohibiting loitering. As always, look to the lease probably breaking several covenants.

        Comment


          #5
          Macromia and Andrew thanks for your input..yes we have read the lease and as you say the freeholder wont do anything even when told its a trip hazard H&S etc...as you rightly say the patio area belongs to the company not the leaseholders they refuse to move stuff...have bins on the stairs, wellies, shoes, plants everywhere...and are out there watering 3 times a day. and sunbathing ...and despite the other ground floor tenant telling the freeholder they are shouting from this area at the ground floor tenant telling them they have issues which is not nice I think..The area is supposed to be kept free and used for bins only...if I move anything I could get done for theft so don't want to do that. The freeholder should tell them they cant extend their demise and move their stuff.

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