" Please ensure that all items are removed from the communal areas and
service cupboards as in breach of the Lease within 21 days of the date
of this letter. If the items are not removed by the owner in 21 days we
will have no other option but to instruct a contractor to remove them".
Can anyone tell me what legal power the management company have to
instruct a contractor to remove residents personal belongings for
breaching a lease in this manner? If they do have this power under
which act and section of the law? As this concerns me greatly if the
management company can do this.
Thanks
--
Badgertastic
If it is indeed in the lease (have you checked that), then they are
entitled to enforce it. Moving the object appears to be the cheapest
way open to them (and hence to you).
That seems to me a rather anti-social thing to do. If you are genuinely
"storing" it - rather than parking it (which is what outside is for) is
it not possible to partly dismantle it and store it inside your flat?
--
Roland Perry
Not necessarily , depending on the size of the hallway. If it's not causing
an obstruction or other problems then it's a much better idea to keep it
inside rather than out where it's much more likley to be nicked
--
Alex
"I laugh in the face of danger , then I hide until it goes away"
They may have a responsibility and/or authority under various fire
safety regulations, for maintaining the escape route free of obstruction
or preventing the accumulation of flammable material. IANAL.
Owain
Yes, it's possible the OP has a very large hallway - but in that case
perhaps no-one would be complaining. My own experience in such small
blocks is that if purpose-built as flats (rather than a conversion of a
large family house) then the space provided for a hallway is
consistently small, and bikes do get in the way (as well as leaving
marks on the walls).
--
Roland Perry
>
> Yes, it's possible the OP has a very large hallway - but in that case
> perhaps no-one would be complaining. My own experience in such small
> blocks is that if purpose-built as flats (rather than a conversion of a
> large family house) then the space provided for a hallway is consistently
> small, and bikes do get in the way (as well as leaving marks on the
> walls).
Why should other flat owners have to navigate past the OP's bike, even if
there is space?
>In message <Badgertast...@legalbanter.co.uk>, at 23:10:05 on Tue,
>26 Aug 2008, Badgertastic <Badgertast...@legalbanter.co.uk>
>remarked:
>>I recently stored my bicycle in a communal hallway
>
>That seems to me a rather anti-social thing to do.
Couldn't agree more, having lived in flats for many years I
can speak first hand at what a PITA bikes can be.
They often fall down, or the wheel turns and handlebars can
get catch you on the way past etc etc. Not to mention when
you need to move things in and out.
J
--
Jan Hyde (VB MVP)
> > That seems to me a rather anti-social thing to do. If you are genuinely
> > "storing" it - rather than parking it (which is what outside is for) is it
> > not possible to partly dismantle it and store it inside your flat?
> > --
>
> Not necessarily , depending on the size of the hallway. If it's not causing
> an obstruction or other problems then it's a much better idea to keep it
> inside rather than out where it's much more likley to be nicked
<Arrrrrggghh>
The use of communal hallways for the storage of bicycles is an entirely
selfish act. Firstly it obstructs the corridors forcing other residents
to have to perform an obstacle course for access to their home. I've
lost count of the number of times that some carelessly plonked bicycle
has caught my shopping bag and torn a hole in it. Secondly it's simply a
hazard. If there is a fire or other emergency people are not going to be
leaving flats in orderly single file. And finally the people who do this
seem to be oblivious to the damage that they cause, with rubber tyre
marks on the walls, chipped plaster, gouged handrails, and grease and
dirt dropped onto carpets.
And it's guaranteed that the bicycle owner will not pay or offer to pay
for the damage they cause. They expect the other residents to share the
bills.
First, check the wording of your lease. And - if possible - post a followup
here, quoting the wording.
If they do remove the goods by reason of your breach of the terms of the
lease, they are entitled then to store them and charge you a fee. The
difficulty may then arise that you refuse to collect your goods and refuse
to pay them a fee. Strictly speaking they shouldn't then dispose of the
goods without obtaining a court order.
A certain famous property company whose name begins with F was sued a few
years ago, by a tenant whose large collection of books were removed from the
common parts by the landlord's agent and sent for landfill. Turned out that
the books were fairly valuable. The damages the tenant received were, I
think, over 100k.
This may be true, but it may not. My son lives on the fourth floor of
an old block in Edinburgh with no ground floor flats and a vast open
space around the bottom of the stairs. It's considerably bigger than
the caravan we used to spend our family holidays in and a few bicycles
wouldn't cause any problems.
--
David
> Couldn't agree more, having lived in flats for many years I
> can speak first hand at what a PITA bikes can be.
>
> They often fall down, or the wheel turns and handlebars can
> get catch you on the way past etc etc. Not to mention when
> you need to move things in and out.
And the tyres mysteriously go flat. Several times. Until the owner
gets the message.
Or so I'm told.
Ian
ob.legal: Letting down someone's car tyres has been held by the courts
to be criminal damage. So don't get caught^H^H^H^H^H^H^H^H^H^Hdo it.
As I said , if it's not in the way then what's the problem?
If it does obstruct walkways then that's a different matter
> As I said , if it's not in the way then what's the problem?
Well it makes the place look uncared for and the damage done by the
bicycle owners is always paid for by the rest of the residents.