Enforcing rules within lease

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    Enforcing rules within lease

    Hi,just joined this forum, so hello to all, we wish to post a few questions regarding a garden flat we own, within a five flat,owner occupied, house, in a affluent area of Southport.
    We purchased our garden flat, with its own private garden and garage, about 3 years ago, during the winter months and spent about 40k on refurbing the flat, due to dodgy workmanship, which had been carried out in the past and glossed over prior to us purchasing the flat.During the summer months, we have noticed the upstairs flat residents using the common access area as a entertainment and sunlounging area, with a table and chairs arrangement on permanent display and them sitting at them, from sun up to sun down,visible from the main road and just above us every time we enter our flat,as this area is to the side of the property, just above our garage and front door.
    Our flat has just been put on the market and one prospective buyer, has citied this as a reason for not pursuing the purchase.We therefore feel that we are now in a no win situation, all the other flats have their own private garden, about 40m deep by 15m wide, but these 2 upstairs seem to be hell bent on continuing as they may have always done, sitting outside their front door, her smoking away and him sitting out there in a vest, with no concern for anyone else.
    I have checked the lease and the area on which they are camping out in, does not form part of their property and is only a common access to their flat.
    The leaseholder, Shenstone, do not seem to be bothered,is there anything we can do, to get the leaseholder to enforce the conditions of the lease, so we can continue with a peacefull ,nuisance free, lifestyle.
    Regards

    #2
    What exactly is this "common access area" and what rights might they have to use it? What rights do you have over it? If it's a common area giving access to other flats you might point out to the freeholder that they are restricting an escape route, but it will be up to the freeholder whether they do anything about it. If there is a covenant restricting them from doing what they are doing you may be able to ask the freeholder to enforce the covenant, but that would normally be at your cost.

    Unfortunately what you appear to have there is chavs, and there is very little anyone can do about that on a practical level.

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      #3
      Be thankful he wears a vest!

      Seriously, you just need to wait until January to sell. I don't think there will be much sunbathing going on then.

      Maybe that was why you found the place for sale during winter.
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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        #4
        Thanks for that feedback, the access the chavs (we have another name for them up north), is to their flat only, but is directly above our vestibule and garage, i forget to mention, he has now tiled this area using B&Q bathroom tiles, non frost proof,light grey in colour, black tiled patched, after last winters frost,therefore restricting us to do any damp repairs,which is a persistant problem.
        Regards

        Comment


          #5
          Originally posted by AUSS View Post
          Thanks for that feedback, the access the chavs (we have another name for them up north), is to their flat only, but is directly above our vestibule and garage, i forget to mention, he has now tiled this area using B&Q bathroom tiles, non frost proof,light grey in colour, black tiled patched, after last winters frost,therefore restricting us to do any damp repairs,which is a persistant problem.
          Regards
          But are you responsible for repairing this access way, which is the roof over your entrance and garage?

          I suspect that this is a common repair issue and therefore take it up with the person named in the lease who is responsible to do so.

          I think the best way is as suggested earlier by Tulula is to look at the lease for an breach that they have caused such as alterations and damage to the roof, use and annexation of a common area for uses excluded by the lease, and a common law action for allowing these to continue as frustration of the lease, or breach of implied condition that the lease of the garden and arrangements for use of these areas creates a reasonable expectation of privacy .
          But this is going to be at your own cost.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment


            #6
            Originally posted by leaseholdanswers View Post
            But are you responsible for repairing this access way, which is the roof over your entrance and garage?

            I suspect that this is a common repair issue and therefore take it up with the person named in the lease who is responsible to do so.

            I think the best way is as suggested earlier by Tulula is to look at the lease for an breach that they have caused such as alterations and damage to the roof, use and annexation of a common area for uses excluded by the lease, and a common law action for allowing these to continue as frustration of the lease, or breach of implied condition that the lease of the garden and arrangements for use of these areas creates a reasonable expectation of privacy .
            But this is going to be at your own cost.
            Any complaint also will be something you have to mention on your property information form. Best to say nothing and sell quietly.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              Originally posted by jamesknight0 View Post
              Any complaint also will be something you have to mention on your property information form. Best to say nothing and sell quietly.
              Yes that's right, which is why you take advice first.

              But why sell because of some selfish scumbag who like to blast foul fumes over others and are are too cheap to use the standard issue* fake tan?

              *Fake tan, fags, mobi and size 16 arse in size 12 leggins' and a face like a bull dog chewing a wasp. oh and angrily "schowt" any question or inquiry.
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #8
                Good one
                Will take in all advice, start making copies of all the leases and go down the maintenance and nuisance route for starters, please continue with advice and i will keep all posted
                Cheers

                Comment

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