Bicycles in communal entrance to flat

Snookered12

Hello,

I was wondering if anyone could help. I am the freeholder to a building. The building comprises of three flats. The first and top floor are privately owned and I own the ground floor flat. The problem I have is that the first and top floor have a total of 5 bikes in the communal hallway on the ground floor. The tenants in the ground floor have complained repeatedly as they have to walk through five bikes in the morning but have been ignored by the first and top floor. I have written to the first and top floor outlining that its not only scuffing the walls, (which need new plaster board and re-decoration because of it) but is a fire/trip hazard.

Is there any health and saftey/fire regulations permitting communal areas to be free of any trip/fire hazards?? if so what are they??

The first and top floor have stated that they will not be removing their bikes, so can I??

What does the law state regarding these issues as this is the only entrance into the building and they are blocking it up with bikes. The first and top floor flats stated that they want a bike rack to be put in place, I am totally against this as it would look unsightly and Im not keen on bike racks on a wall which is over 100yrs old!

If anyone can help that would be greatly appreciated, or point me in the right direction!

Thanks

DVardysShadow

I think the most constructive thing would be to find a solution to the bike storage. If you do, it is easier to deal with offenders. If you don't, this will be a running sore. You could take advice from the fire brigade, but do have some construcive solutions for storage.

sequence

Just chuck the bikes out, somebody more worthy of their possession will pick them up. No self respecting cyclist would ever leave their bikes in a grubby communal hallway. Don't these people have any morals ? Bikes should be stored in the bedroom, where they'll be safe.

They should not be kept in the hallway. Don't bother with a bike rack as you wont know how to build it properly, and they'll complain that an outside bike rack is not safe.

I'd buy myself a bike and leave it in the hallway for a few weeks. Then claim that it was stolen, they'll soon shift their bikes.

PasturesNew

As freeholder, you have responsibility for Fire Safety and Fire Safety Checks under the Fire Safety Regulatory Reform Order 2005 (among others).

You have the power to enforce any changes that need to be made to ensure the safe evacuation of residents during a fire emergency.

As has been said, the easiest and best way forward is to look at how to provide bicycle storage within the gardens/outside communal areas.

You need to communicate with the others, as freeholder, and state that the bicycles are unacceptable and must be removed - and invite their suggestions as to the best storage solution. Then make your decision, make your rules and make sure everybody abides by them.

Snookered12

Many thanks for your responses.

I have suggested alternative solutions such as:

1). Provide details of a local agent who has garages to let nearby
2). Put a bike rack in the front garden

They have ignore the first suggestion, (as it would cost them) and the second they said the bikes would not be safe.

Its very frustrating and im half tempted to remove the bikes, but I fear that will place me in an awkward position.

Much appreciated for views/advice

DVardysShadow

Take on a garage yourself, give fair warning, put the bikes into the garage, charge release to cover the rent? Offer to transfer the tenancy of the garage?

You could ask them for their alternative suggestions, given that the Hall is non negotiable.

As freeholder can you not just hire a garage and put it on the service charge??

Snookered12

Very good suggestion. I will definately put that too them. My concern would be that they would state that is is an unfair expense, and if I do take on a tenancy for the garage I would never recoup any of the cost - as they dont pay the service charge anyway (another ongoing battle!). Also Its a lot of hassle and potential expense on my part.

Very good suggestion and I will defintaly put that too them.

Many thanks!

ConfusedDep

We had a similar problem at a group of flats that we manage (I work for a property management company) and resolved it by getting a bike rack that actually attached to the wall, not sure what the set up you have is but might be worth looking into. I think you can get them to fit three bikes at a time and they def clear up the floor space but I would say they have to pay service charge for it to work as why should you be out of pocket.

We also had an enthusiastic member of staff who moved some bikes and put them safe just before they went on holiday as they thought they had been abandoned. They did leave a note but the persons who owned the bikes had to wait until they came back from holiday as no-one could find where they had stashed them. The holiday was a four week trip to Australia so they had a bit of a wait, strangely enough bikes being left have not been a problem recently.

We do have a sign up now in the communal area saying this area must be kept clear and any items left will be removed and destroyed, we also wrote to all of the flats and said that from such and such a date the area had to be kept clear as we were redecorating, and that from that date items should not be left in the communal area. Although we have never actually had to remove anything.

briddj

I have a bike and live on the top floor of a small block of flats and would never even think of being so inconsiderate.

HOWEVER!

The person on the first floor ALWAYS leaves their pram either on the first floor or the ground floor.

Is it their block?

I've never said anything, but it !!!!es me right off. Just because YOU do not want to put YOUR pram in YOUR flat.

I do wonder about the thought process of some people. I would NEVER take such liberties on others in a communal block.

princeofpounds

I suggest you ask the same question on the landlordzone long leasehold forums, and potentially you might want to contact LEASE, the government-funded advice service, on your rights and reponsibilities as a freeholder (you certainly have both - there is a trip hazard and fire hazard here and now you have been notified if something happens you might have some liability).

poppysarah

Get the nice fire safety officer to come out and give you some advice.
They will say it's a no no for certain.