Garden Furniture

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

    Garden Furniture

    We have been told (yes I know lol) by the management company that we can't have benches in the communal gardens due to health and safety. Sounds like a load of hogwash to me. Has anybody had problems with this?

    #2
    First, how many flats are there.
    2nd, are you a shareholder in the company that owns the freehold.
    3rd Do you have ( probably do ) Directors of the Managing company ( freeholder ) ( not the managing agent ) living at the property

    It does matter as extended answers may be different depending on your answer.

    I would tell them, to go forth and multyply, and as the councils have not removed every bench in every park, picknic area in the U.K. then benches are not a health and safety concern.
    Anyone wandering around the garden when dark, is probably a tresspasser.
    Anyone wandering around the garden in the light, and trips over a bench, should be confined to a mental ward.

    You could also state, please employ night shift security to prevent these tresspassers from entering the garden at night.
    Also, please put warning signs up " If you are blind, do not enter the Garden" and also to every flat in brail on the envelope, and letter ( with normal writing as well.)

    HOWEVER, your lease may state you are not allowed to put anythng in the garden that the freeholder has not authorised, then benches are not permitted, which is completly different from health and safety concerns.
    .

    Comment


      #3
      Originally posted by Sandy1986 View Post
      We have been told (yes I know lol) by the management company that we can't have benches in the communal gardens due to health and safety. Sounds like a load of hogwash to me. Has anybody had problems with this?
      The first response to anyone who tells you must do or refrain from doing anything or that the law is such and such, is to enquire what authority there is for what they are asserting.

      Comment


        #4
        Originally posted by ram View Post
        ........
        Can't quite agree with the above.

        Originally posted by ram View Post
        I would tell them, to go forth and multyply, and as the councils have not removed every bench in every park, picknic area in the U.K. then benches are not a health and safety concern.
        If the communal gardens are a communal area, the freeholder/man co can authorise or not authorise what it likes to be placed or stored there.

        Originally posted by ram View Post
        You could also state, please employ night shift security to prevent these tresspassers from entering the garden at night.
        This would be passed to the leaseholder as a service charge, possibly not the best solution.

        Comment


          #5
          Originally posted by Sandy1986 View Post
          We have been told (yes I know lol) by the management company that we can't have benches in the communal gardens due to health and safety. Sounds like a load of hogwash to me. Has anybody had problems with this?
          Is this your own bench you want to put there, or are you asking for them to provide benches?

          Comment


            #6
            Originally posted by Sandy1986 View Post
            We have been told (yes I know lol) by the management company that we can't have benches in the communal gardens due to health and safety.
            That could be completely valid - although it does depend on circumstances (including the answers to some of the questions that others have already asked).

            The management company, on the freeholder's behalf if there is a separate freeholder, has a responsibility for the health and safety of anyone using the communal areas, including the garden. That means that they have a responsibility to ensure the safety of anything that is placed in the communal areas - and, if there is any possibility that a bench (or anything else) might be unsafe in anyway, permission to allow them to be put in the communal areas by leaseholders should be refused (it's far easier to refuse than to give permission and then require a bench to be removed if it is deemed to be unsafe in the future.

            On the other hand, if you are asking for them to provide benches, it might be possible for this to be allowed and charged for as part of the service charges or paid for separately by leaseholders agreement (depending on what the circumstances for the property are, whether this is allowed by the terms of the lease, etc.).

            Comment

            Latest Activity

            Collapse

            • Who can become a director of a RMC?
              by David Mc
              Hi, Could anyone advise who can actually become a director of a RMC. We are a block of 30 flats, each flat has one share in the RMC. We employ a managing agent. The RMC holds the freehold to the property. The MA is the company secretary.


              There are currently 2 directors, although...
              23-07-2021, 09:58 AM
            • Reply to Who can become a director of a RMC?
              by eagle2
              A Company should always comply with its Articles so if regulation 47 of Table A applies, it should still hold AGMs. It needs to amend its Articles if it does not wish to hold AGMs any more....
              26-07-2021, 11:07 AM
            • Advice on flat sale
              by Ionela Preda
              Guys, hi!

              I represent a RTM Company, I am the Director of it, 11 flats in our block.
              He have some people willing to sell their flat, and I am really “flat” on the legal aspect;

              I need to give them: the Deed of Covenant, the Assignment Pack, I need to lift and re-apply...
              24-07-2021, 15:54 PM
            • Reply to Advice on flat sale
              by Ionela Preda
              Hi,

              this is what I thought about restrictions…

              so, the Freeholder only asked me tell him at the end who the new owner is.

              he does not want to take part in the company.

              how difficult would be for me to provide:

              1. Deed of covenant...
              26-07-2021, 09:43 AM
            • Reply to Who can become a director of a RMC?
              by David Mc
              I'll look into going the reg 93 route. It's not mentioned in our A of A so has not been excluded or modified. Not sure MA is even aware of it.

              No mention of Reg 47 in our A of A but still think recent regulation has made AGMs no longer compulsory for RMCs.

              Thanks for all your...
              26-07-2021, 07:19 AM
            • Water damage caused by ineffective vent - who is responsible?
              by mhuk
              Hello,

              This relates to a leasehold apartment.

              So my tenant suddenly spotted some brown marks on the bedroom ceiling yesterday. Watermarks for sure which are not getting bigger.

              Someone looked at it today and it appears that the leak has come inwards from the outside...
              15-07-2021, 16:48 PM
            • Reply to Water damage caused by ineffective vent - who is responsible?
              by eagle2
              What does the lease say? Unless there is a communal ventilation system and the lease requires the freeholder to service it, the cost is likely to fall upon the leaseholder.
              26-07-2021, 07:00 AM
            • Reply to Water damage caused by ineffective vent - who is responsible?
              by mhuk
              The vents are in a new apartment block. Of course, they were from the beginning. They are built into the building and everyone has identical vents....
              25-07-2021, 20:47 PM
            • Reply to Advice on flat sale
              by Gordon999
              After the RTM has taken over administration of the service charge account , the freeholder is left with collecting the ground rent and forfeiture of lease. Usually the solicitor for the prospective buyer will be asking if any service charge owing by the seller and any expensive maintenance work planned...
              25-07-2021, 16:57 PM
            • Communal area
              by Starlane
              Hi and thank you in advance for your help and guidance ....a letter has been sent as a last resort from my solicitor to the freeholder and the directors. Basically they lack the knowledge and experience to basically understand the lease let alone anything else like RICS code and L& T acts etc.......and...
              16-07-2021, 23:09 PM
            Working...
            X