help!!! unreasonable management company???

oldMcDonald

Have you actually spoken to your neighbours about this BBQ?

There are three ways to do this:

1. Have a s*d it/ s*d everyone attitude and go ahead and have a BBQ anyway - and chance that the neighbours decide you are a possible NFH / you break a clause in your lease.

2. You cancel the BBQ, and always hate where you live as you couldn't have a housewarming party that seems so important to you.

2. You talk to the neighbours, useing the BBQ as a way of introducing yourself. Knock on the doors, say
'Hello, I am Want2BeMF, I recently moved into flat number X and am holding a BBQ at the weekend as a housewarming. It would be lovely if you could come so that we can get to know each other, if you would rather not then I understand and, obviously, we will do our best not to disturb you. We will be all packed up outside by 9.30.'

This way, you get to see how everyone feels about it really, rather than trying to guess by going on a notice stuck on a notice board, and get to know your new neighbours as well.

neverdespairgirl

kittie wrote: »

so according to neverdespairgirl it is worth taking the chance OP.

Spot what I didn't say.

You threw out all these sweeping and difficult to justify assertions about eviction (forfeiture) and prosecution, whcih seemed to be a load of old cobblers. I wasn't advising the OP on what to do, but rather pointing out that what you said didn't stack up in law.

want2beMF

I thank everyone for your replies and understand all the different points of view.

BUT what about the fact that there was no such clause in the lease agreement?? Are we obliged to obey to something that the management company seems to have pulled out of a hat? Can they use the "all-encompassing" clause (that they can add any rules as they deem fit) to apply or is it an unfair clause???

I understand that by having a leasehold, we have agreed to abide by specific rules which we are perfectly willing to comply with but I don't like complying with something that I had no idea about in the first place!!! We were never informed either by the lease agreement or notices (until yesterday) that no bbqs were allowed. If we had known, then we might have gone for a higher floor with better views!!!

So my point being is that is it a fair rule to expect us to abide by and is there anything we can do abt it? Will writing to the management company asking for permission help coz they might just be forewarned about the situation and be there to catch us out if they do not agree and we simply go ahead.

SouthCoast

(as far as I know but not sure if I am reading an abbreviated version as this was prepared by my solicitor).

I would suggest that you get a copy of the actual lease from your solicitor, then you will know what it says on various points.

[Deleted User]

OP you are potentially a fantastic neighbour. It is obvious that you want to be a good neighbour and to have good neighbours. I would decorate the outdoor space and cook inside, then find out exactly what your lease says in your own time, for the future

Did I read correctly that the bbq would be this friday? that doesn`t leave much time, however whatever the lease says, the management company has spoken. I took a copy of our lease and they are complicated documents. I have read ours several times, so much so that we were able to go to the LVT re a different management problem (accounting). It is a clause here and a clause there that makes the difference. Having, or not having, a bbq is not something that a solicitor would pick out as one of the main points

Richard_Webster

If the lease contains a power to make further regulations then the rule probably is enforceable (at least in theory).

However, one point that intrigues me is whether the BBQ and the socialising was to take place entirely within the confines of the area comprised in OP's lease or it if was going to involve use of the common areas. It is not so unreasonable to curtail use of the common areas.

Also if this is residents' management company where OP has a share then OP should talk to the neighbours and see what they think. Is it just one or two people complaining? Possibly the rule could be overtunred at a future meeting?

Akeap

Btw, the rant wasn't specifically at OP, just to highlight what could happen. I have been living in my flat for 8 years and loved most of it, just that if more people were concerned about their neighbours then harmony would be easily obtained.

It sounds like your on a good track already to harmony as your actually worrying about neighbours already etc.

Maybe a good compromise is to post/knock on neighbours doors with the invite to your "moving in" bbq but maybe place the bbq a bit further away from the building (site permitting) than your area to make sure smoke dosent go in Windows etc and your also cover you bases with them coming so they can get annoyed.

With the view to maybe suggesting that a communial BBQ could be held regualry (away from the building) and with the back of residents to apply to the Management company for permission. ( they preferr neighbours not being firends rather than complaining about each other im sure :-) )

They might allow this, because this would hopefully move people away from the balcony/bqq nightmare.

Good luck in your new place, and hope the weather holds up for you BBQ :-)

BTW- Im moving to a house next Monday...Ive had enough of a "luxury appartment" which is a shame.

want2beMF

SouthCoast wrote: »

I would suggest that you get a copy of the actual lease from your solicitor, then you will know what it says on various points.

Spoken to my solicitor this morning and she said that they are allowed to introduce new regulations and unfortunately the no bbq rule is becomming common. BUT she didn't explicitly say that it is in the lease agreement. I am asking her to double confirm.

Richard_Webster wrote: »

However, one point that intrigues me is whether the BBQ and the socialising was to take place entirely within the confines of the area comprised in OP's lease or it if was going to involve use of the common areas.

Also if this is residents' management company where OP has a share then OP should talk to the neighbours and see what they think. Is it just one or two people complaining? Possibly the rule could be overtunred at a future meeting?

Yes, the socialising is entirely in the confines of my space in the lease. That I definitely checked.

And yes, I think we do have a share in the management company which I am also double checking with my solicitor. Thanks for the good point and I am also checking with my solicitor if there is anything we can do and if we can overturn the decision at a future meeting. Tks!!!

want2beMF

kittie wrote: »

OP you are potentially a fantastic neighbour. It is obvious that you want to be a good neighbour and to have good neighbours. I would decorate the outdoor space and cook inside, then find out exactly what your lease says in your own time, for the future

Thanks Kittie for you kind compliments. We are already thinking abt this and wondering if maybe we could come to a compromise that we do half of the cooking inside and use the bbq just to grill/heat the food and so create less smoke and will be using the bbq for only like an hour??? Still thinking as I am still scared of firing up that bbq pit!!!! :rotfl:

Akeap wrote: »

It sounds like your on a good track already to harmony as your actually worrying about neighbours already etc.

Maybe a good compromise is to post/knock on neighbours doors with the invite to your "moving in" bbq but maybe place the bbq a bit further away from the building (site permitting) than your area to make sure smoke dosent go in Windows etc and your also cover you bases with them coming so they can get annoyed.

Thanks Akeap for your advice too!!! If using the pit, we are definitely putting the bbq pit away from the building and windows coz as mentioned, we are on a corner plot and it extends quite a far bit away from the other flats/windows. Don't want to cause any trouble!!!! :rolleyes:

[Deleted User]

want2befree don`t mix up the management company with any residents association. The management company can and will, take decisions without any residents input. I would talk to residents about any residents association that might be in existence. Perhaps in future, start one like my dh did. You can get so much more done as a group