Garden Furniture

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    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.
    .

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      #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.).

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