Freeholder wants to refuse access

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    Freeholder wants to refuse access

    As compensation for the delay in implementing the Tomlin Order made in August 2016 and to stop us going back to court, the freeholders offered us a deed of variation on my flat's lease as compensation. There were 91 years remaining but it was increased to 150 years. I was concerned that the rent doubled every 30 years but my solicitor seemed to think it was alright. I worked it out recently that it might save me £5000 now but would cost £44,000 in the long run.

    DoV Plan B with blue added.jpg
    However, that isn't what I am concerned about at the moment. My solicitor didn't notice that the access to part of the grounds, the garage forecourts, was restricted but I think that that is illegal when the flat lease says "That the Lessor will cultivate and maintain in good and substantial repair and condition the gardens grounds paths roads ... being the whole of the Mansions other than the flats and garages demised to the various tenants".

    We have to pay for this in our service charges. They can't expect us to pay for it and not be allowed on to it. I think they want to take it over in due course to use for their own purposes like the area coloured orange. The garages in blue are to be demolished and I think they will demolish three more in that garage area and take it over and possibly block it off..

    #2
    Doubling every 30 years will be well under any sort of likely projected inflation rate. So that is a big so what -- it is actually getting cheaper in real terms with time. It corresponds to inflation of about 2%

    Yes "they" can expect you to do/.pay for something with an area you cannot access. That is normal. For example you have to maintain your neighbour's garage or balcony and cannot use it. You might have to maintain the electrical fittings in the loft space but no lessee might ahve access. Nothing "illegal" - it is a contractual obligation

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      #3
      But, just because inflation has doubled in the past is no guarantee that it will in the future. Anyway it would still mean that over the next 30 years it would cost £5000. With the promise of 990 years at a peppercorn rent in the offing in a year or so, it is not much of a gift. That is not really what I am asking about though.

      They want to change the plan from this. It's not a light bulb or someone else's garage but the roadway. Not only that, it's a roadway that the flat owners have to pay for repairs to.

      When I moved here the previous owner had extended the lease and the Deed of Variation had changed the area in orange from "Full right and liberty for the Tenant ... at all times ...to go pass and repass over and along (A) the paths entrance halls ... and of enjoyment and recreation in common with the other tenants ...of the gardens and grounds of the Mansions and (B) the roads and footpaths"

      to

      "A licence in common with all others authorised by the Lessor to use for recreation purposes only the area of the gardens and grounds of the Mansions shown coloured orange on Plan B which licence may be terminated at any time on notice by the Lessor in the event of the area coloured orange being required by the Lessor for some other purpose" and "the roadways coloured brown"

      Now they want to take away part of the roadways. But we are still responsible for maintaining all of them.

      I rather thought that if the lease still says we were responsible for their upkeep it would be illegal to take our access away.
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