Bicycle Question

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    Bicycle Question

    Hello

    I live in a building that has 2 flats. The entrance to our building has a barred gate. My neighbour rents out her flat through a letting agency. My neighbour's tenant started chaining her bike to the gate outside and I wonder whether anyone knows whether this is a health and safety issue? She says the agency told her to do it. Of course I am also aggrieved that it is ugly at my entrance. In addition, the bike sticks out over the road (which is a private road) that is little more than one vehicle in width. So she is blocking vehicle access down the Mews.

    I have approached the agency who have done precisely nothing. I am just wondering whether there is a health and safety issue here, whether it is a trip hazard and whether it would be worth even asking the police to come and take a look?

    Thank you.
    Attached Files

    #2
    It;s not possible to know whether it is a health and safety issue just from the photograph, as we cannot see whether or not you would already have reached a place of safety on the far side of the gate.

    It is a trespass against the owner of the gate and against the owner of the road, and violates the right of way of anyone who has a right to drive over the road.

    The dustbin may be trespassing as well.

    This assumes there are no easements permitting bicycles/dustbins, in the relevant title documents.

    Comment


      #3
      From what I see, this is an obstruction to your "Right to free and unobstructed access to your property"
      If it was me, I would pivot the bike ( as it's chained to the rails, ) so that the bike is behind the dustbin.
      Dust bin Hard against the bike.
      It's your right to remove the obstruction.

      Comment


        #4
        Wow, that's an old-fashioned bin! No wheelie bins for you then?

        H&S or not you should handle this as a neighbour dispute initially without getting a letting agency to do it, although I'd be surprised they have the authority to tell your neighbour to chain to a freeholder-owned (yes?) gate . See excellent advice here..
        https://www.citizensadvice.org.uk/ho...our-neighbour/


        If the building with two flats has a freeholder, (? you a shareholder) that owns the gate, have you raised the matter with the freeholder?
        #
        You say private road: What did the owner of the private road say/do when you raised the matter with them? (Presumably a freeholder, jointly owned by adjoining property owners?)
        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
          Thank you all for your comments. I have previously spoken to the tenant who says the agency told her to do that. It seems to me she is hiding behind the agency but it is difficult to continue a conversation when that is said - hence my approach to the agency. The interaction between the two of us has deteriorated in any case. I offered to show her the land registry documents that would indicate that a) that particular piece of land belongs to our immediate neighbour and b) we all have rights to vehicle access. It is written into my lease also that I am not allowed to park a vehicle where it might block access.

          I have asked my neighbour who also lets her property to assist me in this as it is attached to the freehold of her property, but she has not been forthcoming about it. The road is effectively parcelled up between a number of different properties.

          I have also spoken to the owner of the flat downstairs who agrees it is poorly parked but really wants me to find somewhere else for her to put it - which I think is her job and in any case, I'm not sure where else it could go.

          Moving the bike behind the dustbin would be fine but unfortunately there is a door immediately to the side of that dustbin which would be blocked. I think our freeholder is unlikely to respond - they live abroad anyway. This is why I was hoping I could insist on health and safety grounds that it be removed.

          Comment


            #6
            The freeholder would be responsible for any safety issue, wherever they actually live.

            Comment


              #7
              Seems to me that it is a safety issue, at it is obstructing a fire-escape route.

              Comment


                #8
                Originally posted by MdeB View Post
                Seems to me that it is a safety issue, at it is obstructing a fire-escape route.
                As I said before, it is difficult to be sure just from the photograph. This sort of passage can open into another safe area.

                However, it is the wrong side of a place of safety, the freeholder needs to do a proper fire risk assessment, as it is missing a "Fire Exit Keep Clear" sign, which it would need in that case.

                Comment


                  #9
                  Thank you all for your help which has been really useful. I will pursue the fire/safety route.

                  Comment

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