I have a different take on this.
The terms of the lease are being broken. It is not just a dispute between neighbours. You can't cherry pick what parts of the lease to not follow.
The area must be kept clear for free access.
The lease must be enforced.
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by JoubertI am a director of a freehold company which comprises six leasehold flats in a converted tall terraced building.
The leaseholder of the lower ground flat has taken to placing a small table and two chairs in the very small area outside her front door for use when the weather is good. This...-
Channel: Long Leasehold Questions
28-06-2022, 15:29 PM -
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by CodgerI have some european tenants who put chairs outside the block and sit there smoking for hours. Its a cultural thing but not very british as brits are more private.
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Channel: Long Leasehold Questions
29-06-2022, 09:09 AM -
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by JoubertMany thanks for the very helpful comments above.
Quite agree that it is, in essence, a dispute between neighbours.
Our Managing Agent has tremendous calming and diplomatic skills and will let her sort the matter out so that the directors do not have to get further involv...-
Channel: Long Leasehold Questions
29-06-2022, 08:16 AM -
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by nukecadI't a dispute between neighbours, pure and simple, so treat it as you would any other.
ie. It's their problem not yours. Don't let them make it your problem, you'll only get flack from both sides if you do.
The table/chairs are a red herring, just one small item in that ongoing...-
Channel: Long Leasehold Questions
29-06-2022, 07:33 AM -
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by Lawcruncher“the lessee does not have the right to use any part of the building other than the demised premises and hall staircase and passages leading thereto and only for the purpose of access thereto”.
The above is pretty clear. I don't see how you can grant a licence unless everyone agrees....-
Channel: Long Leasehold Questions
29-06-2022, 07:25 AM -
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by SydatonTo whom is the communal land, communal? ie who has the rights to use it? I'm struggling to see a scenario where land is communal but not legally useable by anyone....
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Channel: Long Leasehold Questions
29-06-2022, 07:17 AM -
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by JoubertThank you for the comments above.
Apologies - I should have been more specific in my terms of “communal land”.
The area leading from the steps down to the lower ground floor flat and the land leading up to its door as well as the vaults are owned by the freehold company....-
Channel: Long Leasehold Questions
29-06-2022, 06:45 AM -
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Reply to RTM Company Member Incorporationby eagle2The model Articles state that the application to become a member is subject to the “provisions of the Articles …. and any rules made under those Articles”. So there is no reason why the directors cannot ask the leaseholder to pay a contribution towards the initial costs.
I cannot find...-
Channel: Long Leasehold Questions
29-06-2022, 05:34 AM -
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by neil_fThank you again eagle 2.
I did receive an email from the solicitor today requesting a phone call rather than email. I did call him and he explained the paperwork to become a member was almost complete and would be sent tomorrow. I explained that I didn't see the need for new paperwork as...-
Channel: Long Leasehold Questions
28-06-2022, 22:29 PM -