Builders fenced-off open land near let premises: can T object?

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    Builders fenced-off open land near let premises: can T object?

    HI,

    I am looking for some information regarding some lad that was sold without any notification from landlord.

    Our LL is an LHA, I live in a cul-de-sac comsisting of 8 flats & 4 houses. The buildings go up each side of the street with open space at the end. Adjacent to the open space are the gardens of the private houses in the next roads.

    Last week we had builders turn up and errect a fence across part of the open space. One of the other tenants phoned the LHA to complain that unathorised building works were being carried out, tobe told that the LHA had sold the lad to the private house.

    I have had a look through my TA regarding communal areas and the open space isn't listed, the communal area is more geared towards shared entrancies in flats. etc.

    We pay mtce for the up keep of the space, it has 5 large conker trees, two which have been included within the land that has been sold.

    There is a preservation order on the whole estate, but I'm guessing that the owners will be applying for PP soon as she now has quite a substancial sized garden...

    Should the LHA have notified us? Is there anything we can do? All the tenants are angry about this, esp the ones who live closest to the area.

    #2
    Are you:
    a. a long-leaseholder; or
    b. a Council T (secure tenancy under Housing Act 1985)?
    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
      Hi jeffery,

      I've just had a look and its a Assured (Non-Shorthold) Tenancy Agreement in accordance with Housing Act 1988.

      Comment


        #4
        Originally posted by miss spooky View Post
        Hi jeffery
        Who's that, then?

        Originally posted by miss spooky View Post
        I've just had a look and its a Assured (Non-Shorthold) Tenancy Agreement in accordance with Housing Act 1988.
        OK- so:
        a. do you own the property (and, if you do, are you the freeholder or a long-leaseholder); and
        b. are you L or T under the Letting Agreement?
        If you're T only, negotiations should be between Council and your L (if a long-leaseholder) or L's L (if this latter is freehold reversioner of the block).
        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


          #5
          Originally posted by jeffrey View Post
          Who's that, then? Sorry.


          OK- so:
          a. do you own the property (and, if you do, are you the freeholder or a long-leaseholder); and
          b. are you L or T under the Letting Agreement? Don't own property. We're tenants with Housing AssociationIf you're T only, negotiations should be between Council and your L (if a long-leaseholder) or L's L (if this latter is freehold reversioner of the block).
          So negs should be between council & HA?

          Comment


            #6
            Originally posted by miss spooky View Post
            So negs should be between council & HA?
            Yes. You mentioned 'LHA'- did you mean Local Housing Authority or Local Highway Authority (or even L... Housing Association)?
            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


              #7
              Housing Association

              Comment


                #8
                Originally posted by miss spooky View Post
                Housing Association
                Aha- so disregard the reference to the Housing Act 1985.
                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


                  #9
                  Ok, so where does that leave us? Is there anything we can do?

                  Moderator - why has the subject been changed when what I put is what happened, & why does my other thread that states "moved" cbring you to this thread when both topics are unrelated?

                  One was subsuidence & this was about land that has been sold?

                  Comment


                    #10
                    Originally posted by miss spooky View Post
                    Ok, so where does that leave us? Is there anything we can do?[
                    Well, there's not a lot that you as T can do- so make L (Housing Association) do it, if the fence is adversely impacting on what L let to you.
                    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


                      #11
                      Hi,

                      Thanks. It's the housing association (Landlord) who sold the land to the private house. What the question was, was should the LL have notified us (T) that they were going to do this?

                      Comment


                        #12
                        No would be my view
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                          #13
                          Thanks islandgirl

                          A view is different from law is it not?

                          The HA are quick enough to send us letters if we, for instance, damage any of the land, leave caravans in car park, untaxed cars etc, but when it comes to something they are doing then just because it's theirs means they can do what they like with total disregard to us.

                          Incidently they haven't reduced our maintainence cost for the upkeeping of the land...

                          Comment


                            #14
                            Originally posted by miss spooky View Post
                            It's the housing association (Landlord) who sold the land to the private house. What the question was, was should the LL have notified us (T) that they were going to do this?
                            Originally posted by islandgirl View Post
                            No would be my view
                            I agree. As long as what L let is unaltered, and T's rights are unaffected, L is not obliged to forewarn T of its sale-off.
                            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


                              #15
                              In post #1, you say I have had a look through my TA regarding communal areas and the open space isn't listed, the communal area is more geared towards shared entrancies in flats. etc. We pay mtce for the up keep of the space, it has 5 large conker trees, two which have been included within the land that has been sold.

                              Why did you agree to pay maintenance costs for land over which you seem to have no rights?
                              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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