Management Company withholding fob for access to my own garage

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    Management Company withholding fob for access to my own garage

    I apologise if this is the wrong Forum, but I cannot find another.

    I am a leaseholder of a flat with a separate block of garages. Due to inconsiderate parking etc, a fob controlled gate was fitted.

    At the time I had tenants in my flat (subject of various threads!) and I let the garage to another leaseholder.

    Once the security gate was installed, the Management company refused to give the leaseholder renting my garage a fob as the garage (not the only one) was being sublet and used as storage.

    The leaseholder renting the garage stopped paying rent - must've been in collusion with the tenants as the management company steadfastly refused to give him a fob.

    My question is this. Can the management company refuse vehicular access to MY garage? They will issue me with a fob but it has various conditions attached to its issue.

    Thanx

    #2
    What conditions would be imposed?
    What does your Lease say about sub-letting garage?
    It is pointless having gated security for garage area if owners/Ts allow others access.

    Comment


      #3
      You're not supposed to subtlet anything - flat or garage - but probably 6 of flatz are with many on BTL mortgages. Few garages sub let. My garage was let to another leaseholder who doesn't have a garage so its not a question of allowing "anyone" to have a fob.

      Comment


        #4
        First question: what power did the management company have to install the security gate?

        Second question: if they had no power did they get unanimous consent?

        If they had no power and did not get unanimous consent then it has to follow that (ignoring the question of whether you can get the gate taken down) they must do everything necessary to afford you or anyone with your consent access to the garage compound.

        If they have power or obtained consent, they still cannot prevent access because you must have a right to get to the garage - a right will be implied if not specifically granted. Unless the lease provides to the contrary (and I should be surprised if it did) the landlords cannot withdraw a right if the tenant is in breach of covenant - they have to pursue some other remedy.

        Is there any covenant in the lease which prevents the garage from being used for storage?

        Comment


          #5
          I agree with LC (to an extent- the right to access the garage is not neccesarily interfered with or frustrated as long as access via fob is available in which case its just the issue of not being given a fob) save that rather than start proceedings, they simply withold the fob.

          That then forces you to either
          a; take legal action to deal with the issues in LC's post
          or
          b: accept that you are in breach of the lease and in doing a, will most likely lead to them enforcing the terms of the lease which, if your post is correct and the subletting the whole or part is not allowed, then you haven't leg to stand on.

          It is a question of negotiation to try and resolve an amicable settlement in that " I am just letting my neighbour store some things".


          If that is the case then they would not need a fob nor would you as there is no vehicular access needed to storage, is there?.......
          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.

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