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

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  • miss spooky
    replied
    Hi ya,

    It's just a shame that every little bit of green now gets sold off. I know why they didn't notify us, because they knew we'd all object. IF they spent the money on doing the mtce on the houses then it wouldn't be so bad, but you know that won't happen.

    Next thing will be the trees coming down & planning permission going in for a big 2 sided, 22 story extension...lol

    Many thanks.

    Leave a comment:


  • islandgirl
    replied
    It would be worse if you owned the house I suppose and the land had been sold privately - then there would also be nothing you could do but you would be stuck in the house. Perhaps at some point you will find a better property where you are totally happy and will move - though that is probably little consolation at this point. I am sorry you have been upset by this but hopefully all will be well for you in the end.

    Leave a comment:


  • miss spooky
    replied
    Hi,

    Without going into detail about the whys & wherefors, I had no choice but to except property as I was in homeless accom. The council give you one chance to refuse a property with good reason or they drop you from housing list. As I was in temp accom, we didn't get a choice...

    Aslo you mentioned "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. "

    It is altered as they have sold a portion of it off?

    It looks like the bottom line is that there is nothing we can do, they have no responisbility to notify us of the sale.

    Thanks for all your replies.

    Leave a comment:


  • jeffrey
    replied
    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?

    Leave a comment:


  • jeffrey
    replied
    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.

    Leave a comment:


  • miss spooky
    replied
    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...

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  • islandgirl
    replied
    No would be my view

    Leave a comment:


  • miss spooky
    replied
    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?

    Leave a comment:


  • jeffrey
    replied
    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.

    Leave a comment:


  • miss spooky
    replied
    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?

    Leave a comment:


  • jeffrey
    replied
    Originally posted by miss spooky View Post
    Housing Association
    Aha- so disregard the reference to the Housing Act 1985.

    Leave a comment:


  • miss spooky
    replied
    Housing Association

    Leave a comment:


  • jeffrey
    replied
    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)?

    Leave a comment:


  • miss spooky
    replied
    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?

    Leave a comment:


  • jeffrey
    replied
    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).

    Leave a comment:

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