Common parts and communal areas of flats- who rules?

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    Common parts and communal areas of flats- who rules?

    Hi all,
    New to the site, so apologies if I've posted this in the wrong section.

    I live in a block of 18 flats - 12 of those are sheltered accommodation and leased back to the council from the Freehold company. the other 6 are leaseholders who all have a share of freehold.

    The blocks are represented by "directors" who all sit on the board.

    Our "current representative/director" wasn't actually elected by the other leaseholders in the block (he was also asked to resign his directorship a few years' previously) only problem is, he doesn't seem to represent us that well, and states that "directors are empowered to take management decisions with regard to repair and upkeep of the estate". Would this include shelving in the entrance hallways and pictures?

    My next question relates to the common parts - what is the legality of ownership of this? As we all pay a service charge, are we all "owners" of a percentage of the common parts.

    What is the ruling about the placing of plants outside the property in the communal areas? Is this a "discretionary" item?

    Your legal help would be much appreciated as I have no outdoor space and like a couple of pots outside my front door, only trouble is, I live opposite the block rep/director, whose making me feel I'm living in his fiefdom...

    Thanks

    Star

    #2
    The 'common parts' are- er- common to all lessees. Read your lease: what does it say about easements over common parts?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Common Parts

      ...so if the "block rep" emails me to say "remove your pots"... I can tell him to stuff it, nicely of course?

      Comment


        #4
        Easement - lease

        Actually, having read my lease, it doesn't say very much about easement, apart from the usual - it was originally built as a local authority block, which was then sold so all the leaseholders were granted a share of freehold. I think it's a fairly standard ex-council lease.
        The 2nd schedule (Restrictions imposed in respect of the property) states:
        Point 6: No clothes or other articles shall be exposed or hung outside the property.

        The 3rd Schedule (Easement rights and privileges granted in this lease)
        1: Full right and liberty for the Tenant and all persons authorised by him (in common with all other persons entitled to the like right) at all times by day or by night and for all purposes in connection with the use and enjoyment of the property

        Comment


          #5
          Originally posted by starlitegaize
          ...so if the "block rep" emails me to say "remove your pots"... I can tell him to stuff it, nicely of course?
          No. The clause you have recited does not say you can keep your possessions in a communal area.

          If you keep plant pots in the communal area you are encroaching on communal space. If you are asked to remove them, you should do exactly that and keep your possessions within the boundaries of your flat.

          Comment


            #6
            'Common parts' are usually not within any lessee's lease but are available for all lessees to use. Obstructing the areas concerned may be a breach of covenant; but, even if it's not, L and other lessees could restrain such obstruction by Injunction (at the cost of the Obstructor!)
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Communal Areas

              Although the original query was posted some time ago, I will leave this information as it is IMPORTANT leaseholders understand the RULES on Communal Areas that may not be covered by the lease but by Legislation.


              1. As people such as cleaners and other workman have access to the communal areas, it is covered by the Health & Safety at Work Act and therefore must be kept free from all Trip Hazards etc.

              2. Under the Regulatory Reform (Fire Safety) Act 2005 these areas must be kept from from obstruction at all times so that in the event of a Fire, the common stairwells, hallways etc are free from any obstruction likely to delay exit of the leaseholders/residents or the Emergency Services gaining access..

              It is COMMON in the event of a Fire these areas will FILL with Smoke and the LAST thing you want is for someone to trip over your pot plants, shoes, etc and risk life.

              Our rule to our Leaseholders is this -"If in doubt, don't leave it out!"

              Comment


                #8
                Also new to this site, sorry if asked before. I have a question about communal areas at where I long-lease in Sovereign Harbour North, Eastbourne. I live in an upper ground/first floor flat and my lease says I have an assigned parking space in the communal area but not a garage. My beef is not that that I do not have or share a garage. They are assigned only to 3rd and 4th floor flat occupants. But I have been asked to contribute extra money beyond my annual service charge to maintenance and repair of all communal areas including painting, servicing and repair of all the garages in this property. My friends from Europe state I should not be asked to pay for a garage which is not included in my lease to which I do not have access to store my car or other items, because it is assigned to another flat occupant and not to me so it is not communal to me. Is this correct here in the UK?

                Comment


                  #9
                  Keith Forbes: Please start your own thread! I hope no-one will answer until either you or the moderator does so.

                  Comment

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