Encroachment into Communal Stairwell
Discussion
I am a leaseholder of a rental flat, the same within a block of eight flats. Being a leaseholder entitles me to be one of eight directors serving on the Management Company.
At our recent Annual General Meeting, one leaseholder/director mentioned that a new leaseholder, had started to park, padlock several bicycles to the handrails within the communal stairwell. The directors in attendance all voted, including myself, that the leaseholder should be contacted and requested to move the bikes.
There are five other bicycles owned by other leaseholders, that are all padlocked on outside cycle racks, my concerns are that if no action is taken against this leaseholder, then the same could escalate with both other bikes, furniture etc.
I have attempted to contact the leaseholder, both by email and knocking on the leaseholder's flat's door, and received no response. My next step will be to leave a polite contact note on each of the bicycles, then a recorded letter stating possibly instructing a local solicitor etc.
At our recent Annual General Meeting, one leaseholder/director mentioned that a new leaseholder, had started to park, padlock several bicycles to the handrails within the communal stairwell. The directors in attendance all voted, including myself, that the leaseholder should be contacted and requested to move the bikes.
There are five other bicycles owned by other leaseholders, that are all padlocked on outside cycle racks, my concerns are that if no action is taken against this leaseholder, then the same could escalate with both other bikes, furniture etc.
I have attempted to contact the leaseholder, both by email and knocking on the leaseholder's flat's door, and received no response. My next step will be to leave a polite contact note on each of the bicycles, then a recorded letter stating possibly instructing a local solicitor etc.
I'm not saying this is the correct way to deal with it, but when I lived in a shared flat after college somebody did the same with their bike.
My landlord put his own lock on the bike with a note inviting them for a chat to discuss it being unlocked. The following morning the guy appeared at the door very sheepish and apologetic, and it didn't happen again.
My landlord put his own lock on the bike with a note inviting them for a chat to discuss it being unlocked. The following morning the guy appeared at the door very sheepish and apologetic, and it didn't happen again.
S11Steve said:
.....
My landlord put his own lock on the bike with a note inviting them for a chat to discuss it being unlocked. The following morning the guy appeared at the door very sheepish and apologetic, and it didn't happen again.
Nice idea that Steve, clamping bikes. We should have something similar the badly parked cars My landlord put his own lock on the bike with a note inviting them for a chat to discuss it being unlocked. The following morning the guy appeared at the door very sheepish and apologetic, and it didn't happen again.
Wings,
sounds to me like the Man. Co. that you are part of has a legal standing from what you have typed up.
Would advise you to get a copy of the Offenders lease and double check their covenants and exactly what they have breached. Also check the provisions for the service of notices in accordance with the terms of the lease. IE do your ground work properly now.
Then drop them a nice polite note on behalf of the Man. Co. that concerns have been raised and that these need to be removed within 7 days and parked in the appropriate location for sadly more formal action will need to be taken. Make it clear that attempts have been made to have a personal conversation about this but sadly have failed hence the need to write - this could ease any potential antagonism and help the attitude of bonhomie and live and let live that a letter could otherwise destroy.
If no action taken to remedy issue within the 7 days you need to have an EGM and resolve to send one further, formal, letter to the offender giving them 7 days to comply before solicitors are instructed - the if they fail you will need to instruct a solicitor to start, or start yourself, forfeiture proceedings for breach of covenant, starting with a letter before action. Trust me as soon as the lender (who your solicitor should also make aware of the letter before action) is aware compliance will be achieved.
Make sure that you stress on the H&S side of things and makes sure that you act the same way for all about all items - Pushchairs are a PITA in a friend's block but they are only renting there so don't care as they will be gone soon, pity the poor sods that have to move them out of the way all the time and own a flat there...
sounds to me like the Man. Co. that you are part of has a legal standing from what you have typed up.
Would advise you to get a copy of the Offenders lease and double check their covenants and exactly what they have breached. Also check the provisions for the service of notices in accordance with the terms of the lease. IE do your ground work properly now.
Then drop them a nice polite note on behalf of the Man. Co. that concerns have been raised and that these need to be removed within 7 days and parked in the appropriate location for sadly more formal action will need to be taken. Make it clear that attempts have been made to have a personal conversation about this but sadly have failed hence the need to write - this could ease any potential antagonism and help the attitude of bonhomie and live and let live that a letter could otherwise destroy.
If no action taken to remedy issue within the 7 days you need to have an EGM and resolve to send one further, formal, letter to the offender giving them 7 days to comply before solicitors are instructed - the if they fail you will need to instruct a solicitor to start, or start yourself, forfeiture proceedings for breach of covenant, starting with a letter before action. Trust me as soon as the lender (who your solicitor should also make aware of the letter before action) is aware compliance will be achieved.
Make sure that you stress on the H&S side of things and makes sure that you act the same way for all about all items - Pushchairs are a PITA in a friend's block but they are only renting there so don't care as they will be gone soon, pity the poor sods that have to move them out of the way all the time and own a flat there...
Rude-boy said:
Wings,
sounds to me like the Man. Co. that you are part of has a legal standing from what you have typed up.
Would advise you to get a copy of the Offenders lease and double check their covenants and exactly what they have breached. Also check the provisions for the service of notices in accordance with the terms of the lease. IE do your ground work properly now.
Then drop them a nice polite note on behalf of the Man. Co. that concerns have been raised and that these need to be removed within 7 days and parked in the appropriate location for sadly more formal action will need to be taken. Make it clear that attempts have been made to have a personal conversation about this but sadly have failed hence the need to write - this could ease any potential antagonism and help the attitude of bonhomie and live and let live that a letter could otherwise destroy.
If no action taken to remedy issue within the 7 days you need to have an EGM and resolve to send one further, formal, letter to the offender giving them 7 days to comply before solicitors are instructed - the if they fail you will need to instruct a solicitor to start, or start yourself, forfeiture proceedings for breach of covenant, starting with a letter before action. Trust me as soon as the lender (who your solicitor should also make aware of the letter before action) is aware compliance will be achieved.
Make sure that you stress on the H&S side of things and makes sure that you act the same way for all about all items - Pushchairs are a PITA in a friend's block but they are only renting there so don't care as they will be gone soon, pity the poor sods that have to move them out of the way all the time and own a flat there...
Thank you for your advice, the same which i will now follow.sounds to me like the Man. Co. that you are part of has a legal standing from what you have typed up.
Would advise you to get a copy of the Offenders lease and double check their covenants and exactly what they have breached. Also check the provisions for the service of notices in accordance with the terms of the lease. IE do your ground work properly now.
Then drop them a nice polite note on behalf of the Man. Co. that concerns have been raised and that these need to be removed within 7 days and parked in the appropriate location for sadly more formal action will need to be taken. Make it clear that attempts have been made to have a personal conversation about this but sadly have failed hence the need to write - this could ease any potential antagonism and help the attitude of bonhomie and live and let live that a letter could otherwise destroy.
If no action taken to remedy issue within the 7 days you need to have an EGM and resolve to send one further, formal, letter to the offender giving them 7 days to comply before solicitors are instructed - the if they fail you will need to instruct a solicitor to start, or start yourself, forfeiture proceedings for breach of covenant, starting with a letter before action. Trust me as soon as the lender (who your solicitor should also make aware of the letter before action) is aware compliance will be achieved.
Make sure that you stress on the H&S side of things and makes sure that you act the same way for all about all items - Pushchairs are a PITA in a friend's block but they are only renting there so don't care as they will be gone soon, pity the poor sods that have to move them out of the way all the time and own a flat there...
Lopey said:
mr rusty said:
If the stairwell/landings are a fire escape route ending at a fire door then there is no could about it. Storing stuff in the fire escape route will be a breach of fire regs.
Which fire regs are those?Mark83 said:
What’s in your lease?
We would serve a tort notice then remove the items.
As per the LeaseWe would serve a tort notice then remove the items.
"NOT in any way to interfere with the access to or egress from or place or leave rubbish upon any part of the Maintained Property other than in the dustbin as provided by the Lessor nor allow any cycle perambulator bath chair invalid carriage or other vehicle or thing or any goods or package or article of any description belonging to servants or agents to be placed or remain upon any part of the Maintained Property other than in the storage cupboard referred to in clause 4 of the Fourth Schedule hereto." end.
Each flat has two interior storage cupboards, with the leaseholder also enjoying a large enclosed roof terrace.
I was going to leave today a polite note attached to the bicycle, but noting mail has not been collected for the past week, thought best to wait until he returns from his holidays in Russia.
When I lived in a flat anything left in the corridors simply resulted in a letter to all 6 flats in the block requiring removal within 7 days. Failure to remove would result in the management company engaging a contractor to remove and dispose of the items. If the owner was identified they would be billed, if not it gets charged to the service charge accounts and everyone pays.
quinny100 said:
When I lived in a flat anything left in the corridors simply resulted in a letter to all 6 flats in the block requiring removal within 7 days. Failure to remove would result in the management company engaging a contractor to remove and dispose of the items. If the owner was identified they would be billed, if not it gets charged to the service charge accounts and everyone pays.
Exactly the same at our place. Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff