Motorbike in communal area of my 999 year leasehold flat

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    Motorbike in communal area of my 999 year leasehold flat

    Hi all, need some advise please....

    I have just moved in to my new flat, only 2 flats in our block, both 999 year lease, communal courtyard, I have my own garden and parking the other leaseholder does not, insolvent freeholder.

    The other leaseholder has just moved her boyfriend in to her flat and they have decided to park his motor bike in the communal courtyard which happens to be right outside my lounge window. I asked if she would mind it being parked on the road but she says as its a communal area she can leave it there. She doesn't have to look at it all day like I do.

    Is there a hard and fast rule about this? I can't find anything in the lease agreement except areas must be kept tidy, no washing can be hung, must be weeded etc but it doesn't say no motor vehicles. Obviously I can't ask the freeholder as the freehold to our property now belongs to an administration company.

    Any thoughts or ideas would be hugely appreciated.

    #2
    You could ask the administration company, they presumably take the responsibility as freeholder until they sell the freehold? If it doesn't say anything about obstructing the communal areas then I guess he is doing nothing wrong - but don't take my word for it - we have people on here with far more knowledge than me and there may be case-law?

    Comment


      #3
      It depends on the restrictions for use of the communal courtyard that are set out in your lease, if any.
      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


        #4
        No there are no hard and fast rules. (Unless there are specific health & safety issues).

        It would appear that from what you have said that the lease doesn't prohibit the parking of a car/bike unless you wanted to argue it wasn't tidy.

        In any case, any action would have to be taken by the FH and as yours is in administration this may be tricky.

        Maybe try and reach some compromise with the other LH ?
        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


          #5
          Thanks....although not what I wanted to hear. It does say that common areas can only be used for recreational use?? May be clutching at straws! We have actually been offered the fh for just the admin costs, if I was the fh wild this help my fight?

          I have tried to reach a compromise, she said maybe he could park it in my garden!!

          Comment


            #6
            Originally posted by theflyingduke View Post
            Thanks....although not what I wanted to hear. It does say that common areas can only be used for recreational use?? !!
            there you go I said to check the lease- very often people reading them look for the answer they think they want or need, while as expected in this case the answer is through implied , rather than explicit exclusion( your post) and therefore how is the storage of a motorbike recreational?

            Moreover leases will contain restrictions and obligations towards others and the starting up, storage etc of bike outside your lounge window is rather disturbing by most standards.

            Maybe he can just park it in the road..... !
            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


              #7
              Originally posted by theflyingduke View Post
              Thanks....although not what I wanted to hear. It does say that common areas can only be used for recreational use?? May be clutching at straws! We have actually been offered the fh for just the admin costs, if I was the fh wild this help my fight?

              I have tried to reach a compromise, she said maybe he could park it in my garden!!
              Lucky he didn't say "I'll park it on your face mate" .

              The recreational use clause maybe your savior !
              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


                #8
                Borrow an 'orse & park it there also... preferrably with a bowel complaint....
                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


                  #9
                  Depends on the bike. If it's a nice 2013 VMAX i'd be happy to look at it all day long. ­čśä

                  Comment


                    #10
                    Originally posted by QuestForFreedom View Post
                    Depends on the bike. If it's a nice 2013 VMAX i'd be happy to look at it all day long. ­čśä
                    It is a spring afternoon and you are relaxing in the lounge when the bike is started up filling your home with noise and exhaust.

                    What nice people they are.
                    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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