Use of communal areas in leasehold flats

[creampuff]

I own a leasehold flat. It's not a big building and everyone knows each other. The flat has a ground floor room off the stairwell which is a common area and which everybody stores junk in. I store some pushbikes in there; other people store a few boxes of who knows what. AFAIK nobody has complained about anything and given so few of us have access to it and we all talk to each other, I doubt anyone has complained about it.

A letter from the management company has arrived, stating that items have to be removed and threatening disposal.

I do have previous correspondence from the management company (but a different person at the management company) acknowledging it is ok to store bikes there.

How can I find out what the permitted usage of communal areas is?

What notices are required to be served if anything is to be removed?

The communal room has been used in this way for as long as I've owned it which is 8 or 9 years. There is also a bicycle rack permanently affixed to the wall.

Edited by creampuff on Wednesday 30th January 10:09

[Du1point8]

Ask them?

Also, send the correspondence with the details of storing the bikes.

Might be that they dont want people dumping junk in there, but they have to tell everyone.

[anonymous-user]

Whatever your lease says.

[Saleen836]

Could be a fire risk with boxes of whatever stored so perhaps they are clamping down due to insurance reasons?

[creampuff]

Du1point8 said:

Ask them?
.

They are s. If I ask, they will just tell me what they want to happen, not what is permitted to happen.

[Zarco]

Saleen836 said:

Could be a fire risk with boxes of whatever stored so perhaps they are clamping down due to insurance reasons?

Quite likely.

Don't think you will win this one OP.

[snake_oil]

Could be bikes ok, general st not ok. See what they say.

[macushla]

creampuff said:

They are s. If I ask, they will just tell me what they want to happen, not what is permitted to happen.

What they want to happen is what is permitted to happen though. There’s no difference. They set the rules (within reason) as the management company. Unless you specifically have a right of access to and storage in this room then it’s been on a discretionary basis and they can pull the plug at any time.

[nikaiyo2]

What does your lease say?

This is what governs what you can and cant do, in my experience a lease is more likely to prevent storage of anything in communal areas than grant permission to do so, if anything it will pass control of this to the management company.

I would imagine that the communal area being used for storage has been flagged up as a potential fire risk. Whilst a bike is clearly not a huge fire risk, a box containing who knows what might be, so it is easier for them to ban it completely.

[creampuff]

Yes, letter does mention fire regulations.

[tazgalsinh]

we own flats and no one is allowed to store anything in communal areas. There is a bike shelter outside and prams need to be folded and stored in the tenants flat.

It's a fire risk and makes the place look untidy if communal areas are used.

[Mabbs9]

Read the lease. It'll be very clear there and likely say communal areas to be kept clear. Are you all joint freeholders? If so you can amend the lease if all agree.

[DanL]

Has been covered by other posters, but as they say - it’ll be in the terms of your lease. Mine states quite clearly that you can’t store anything in the communal areas, for example.