Storing bike in a communal garden

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    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

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