Storing bike in a communal garden

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Storing bike in a communal garden

    Hi, im new here and need some advice...

    I have been recently asked on behalf of my estate agents to remove my bike from a communal garden, shared in a block of 8 flats. One of the flats below have complained (they own the house, I rent) I have been asked to remove the bike and in no uncertain terms if it is still there in a week it will be removed a destroyed.

    I pointed out this is theft and contravenes my tenancy agreement which states nothing about storing bikes in the rear garden.


    My tenancy states (sic)

    Garden

    To keep garden in the same condition and style as the commencement of the tenancy

    To keep the borders and paths weeded

    To cut the grass regularly

    To allow persons access (landlord)

    No to lop, prune or destroy and plants


    I've been given no reasonable explanation as to why it needs to be removed. It’s not in the way, is not unsightly, and does not stop other tenants using the garden.

    I pointed out there is nothing in my tenancy and have every right to leave it there. Currently it’s locked to the back of a bench. This does not stop anyone using the bench and is hardly noticeable.

    Please advise

    #2
    Maybe the confusion arises this way:
    1. F granted long lease to T.
    2. T is bound by covenants in that lease.
    3. T sublet to you.
    4. You are bound only by whatever obligations appear in your Tenancy Agreement.
    5. Perhaps the keeping of bicycles breaches '2' but not '4'.
    6. Know that L cannot give any right (Tenancy Agreement) to do something that T is prohibited from doing (long lease).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks for the reply....

      bit confused with regards to your post. Are you implying im bound by whatever is stated in myshort tennancy agreement?

      I wouldnt mind so much if i were given a reasonable explanation as to why they want it moved however they insist I move it.

      Comment


        #4
        I suspect Jeffrey is correct.

        With many of my leasehold flats, the lease forbids storing anything in the common/communial areas of the property.

        I now issue my tenants with an extra information sheet (not part of the tenancy agreement) that indicates what they cannot do....

        * no satelite dishes
        * no pets without prior approval ( fees are required for permission payable to freeholder)
        * no storage of items in common areas
        * no window boxes
        etc etc.

        Comment


          #5
          Originally posted by RONNYPOMPOM View Post
          Are you implying im bound by whatever is stated in myshort tennancy agreement?
          Yes, of course you're bound by what you obliged yourself to do or not do. The problems arise if:
          a. your L as landlord did not prohibit you (in the Subletting Agreement) from keeping a bike; but
          b. your L as leaseholder is prohibited (in the long lease) from keeping a bike.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            The agency have not informed me that this is the case ( forbidden storage rights for other tenants) and have only given me the reason that tenant x didn’t want it in the garden therefore its prohibited.

            Nothing in my contract states other than what is posted above.

            it seems the agency are giving preferential treatment to the tenant who owns one of the flats below. Personally, if they gave me a reasonable answer as to why it needs to be moved I would do so. I’m not an unreasonable person however its when I start to receive letters telling me my bike will be removed and disposed there is a disagreement. Nothing in my contract notes anything remotely close to prohibiting tenants from using the garden as storage. ( If you can even call locking a girls racing bike to the back of a bench “ storage”)

            Comment


              #7
              Ask your L for a copy of the long lease, to see if bike-keeping is in fact prohibited or not.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

              Latest Activity

              Collapse

              • Reply to Dogs
                by royw
                What does your AST say about it?
                05-12-2021, 23:20 PM
              • Dogs
                by Bridge2020
                My tenant has asked if he can get a dog. Where do I stand on this ?...
                05-12-2021, 11:23 AM
              • Advice on s.8 & s.21
                by Hetty911
                Hi all,

                Long time lurker, first time poster. Would be grateful for advice on the below.

                Have a tenant on a AST which expired in July and has rolled onto a periodic tenancy. Over past 6 months rent has been delayed, partial and on two occasions unpaid. 2 months rent is missing...
                05-12-2021, 22:01 PM
              • Reply to Accelerated possession order
                by Hudson01
                Unless the tenant has dependent children, some, or all with a disability, and some other form of vulnerability for her/him self..... they will be in a crummy emergency accommodation flea pit or a dumpy flat in a place resembling the film set of '' Escape from New York ''. They are deluded.
                05-12-2021, 20:36 PM
              • Accelerated possession order
                by Pariah81
                A tenant has refused to leave the property at the end of her tenancy and has now asked to be evicted as in her words 'that will make her eligible for a council house'.

                I am sending an accelerated possession order through the courts but whilst completed the forms noticed two apparent errors...
                05-12-2021, 18:12 PM
              • Reply to Accelerated possession order
                by theartfullodger
                Thatcher's 1988 housing act makes it clear tenant does not have to leave at end of fixed term

                Why help tenant take a council property from a more deserving case? I'd decline to serve s21. S8 if possible... (was she ever late with rent?)
                05-12-2021, 19:17 PM
              • Reply to Accelerated possession order
                by Pariah81
                Ok so it looks like the section 21 notice is invalid as a result of this error. The deposit scheme was not in place at the time of the notice.

                Apparently the deposit has to be returned in full....
                05-12-2021, 18:35 PM
              • Reply to Dogs
                by ash72
                The good thing is they have asked you prior to getting one, so the decision is yours. If you do decide then I would suggest you increase rent to compensate for your loss in the future.
                05-12-2021, 17:21 PM
              • Reply to Dogs
                by jpkeates
                I wouldn't, but it does depend on what type of dog.
                You should assume your carpets will all need replacing.
                05-12-2021, 16:21 PM
              • Reply to STA, Section 8 and Court delays/Christmas
                by jpkeates
                Assuming it's an AST (STA's are Scottish)...
                You don't have to renew the tenancy, just let it become periodic.
                And, you're right, don't renew it.

                To repossess, you'll either have to attend court or pay a solicitor to do so on your behalf.

                If the tenant doesn't owe...
                05-12-2021, 16:13 PM
              Working...
              X