access doors and the law????

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    access doors and the law????

    hi, I currently own a ground floor flat. the upstairs flat has just been
    repossed by a letting agency. there is a shared front door which is
    property of us the downstairs flat owners but with access for the upstairs tennants. since the proerty was taken by this letting agency they have
    changed the front door lock. the front door lock is my property and they
    only have access so do they have the right to change said lock without my
    permission? I have since changed the locks back and am now being threatened with legal action. also is it my responsobility to provide them with a key to this lock or is it that of the previous tennant? Any feedback would be greatly appreciated. Thankyou.

    #2
    Surely any door that has to be used by both flats would be jointly owned.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Does your lease actually say that the shared front door is part of your property? (It seems more likely that the communal areas are owned by the freeholder).

      Who is threatening you with legal action? The letting agent? The leaseholder of the upstairs flat? The freeholder? What is being alleged or demanded?

      The dispute has nothing to do with the former tenant.

      Comment


        #4
        Have you reported the criminal damage (changed lock) to Police & obtained CRN?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          You need to read the lease and provide us with the clause that you believe makes it your property or demised to you.


          As mentioned abiove this would be unusual aas it normally would be common land owned by the freeholder or shared.

          What does the lease say about who is liable to repairs to the door and what does it say about access/rights to pass ?

          Andy
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

          Comment


            #6
            If the lock was changed, I assume you were unable to gain access
            to your flat, it that is the case, it's you who should be threatening
            the agent, as if that is the case, they have no right to prevent access
            to your home.

            If they did not supply YOU with a key to get into your home, then
            don't supply one to them.
            If they want a key, they ask the owner of the flat to write to you,
            proving he is the owner, and then and only then, will you give a key
            to the owner.

            R.a.M.

            Comment


              #7
              In a block of flats, the front entrance door into building will be owned by the freeholder. So the letting agent for other flatwill have no legal right to change the lock.

              So who is threatening legal action against you ?

              Comment


                #8
                Whether the door is owned by the freeholder, you, or jointly ( unlikely) the agent cannot change the lock which is not their clients property, not bar your access to your home.

                Having changed the lock, that is as a result of their having changed the lock in the circumstances above and therefore owe you the cost of a new lock and the keys.

                Even if they made the error they could have easily remedied by providing you with additional keys at their costs.

                Start with your lease.
                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

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