Bit of advice needed

Snowman2010

Hi,
we have erected a unfixed fence around our patio in our leasehold flat, the fence and boxes do not encroach outside our patio area and is painted green in line with the surroundings. We did this to ensure our 3 year old did not "escape" outside the patio and be put in danger by the car park and road.

W have now been told by the management company to take it down or they will and we will get charged.

Do they have a right to do this, would it be trespass?

The fence is lower than 3 foot and does not look ugly, it's just a hollow fence to deter my daughter from wandering if she plays outside.

Thanks in advance.

BitterAndTwisted

You need to have a read of your lease. There could be a clause in there that you can't make any changes to the outside, even if you do own the space. Don't let the Man Co take it down or it'll cost you a bunch

Snowman2010

yep, i will definately read the lease, we only got the letter today so not had tie to dig it out.
I know one resident that they gave retrospective permission to have a sat dish to - which I think is crazy, it's against the lease and now we are being pursued to take down a small fence that protects my daughter
Thanks

Snowman2010

just to add, it isn't a fixed asset, so would that make any difference?

moromir

You need to read the lease, there is very little anyone can add in the way of advice until you have the facts.

Things you should be looking for:
1. Is the patio area part of the demised premises of your property
2. Does the management company maintain the area or is the cost down to you?
3. Are there any regulations about alterations and gaining consent before carrying them out? (highly likely imo)
4. Does anyone else have right of access over the patio area? (highly likely imo)

If the answer is yes to 2 and 4 then putting up a fence, even 'unfixed' could land the company in 'trouble' re things like fire safety and escape routes (ie it would be viewed no differently to a buggy stored in a communal hallway or someone chaining a bike to the building).

Snowman2010

moromir wrote: »

You need to read the lease, there is very little anyone can add in the way of advice until you have the facts.

Things you should be looking for:
1. Is the patio area part of the demised premises of your property
2. Does the management company maintain the area or is the cost down to you?
3. Are there any regulations about alterations and gaining consent before carrying them out? (highly likely imo)
4. Does anyone else have right of access over the patio area? (highly likely imo)

If the answer is yes to 2 and 4 then putting up a fence, even 'unfixed' could land the company in 'trouble' re things like fire safety and escape routes (ie it would be viewed no differently to a buggy stored in a communal hallway or someone chaining a bike to the building).

with regards to answer 2 and 4, they do not maintain it an no right of access, but I agree, I have to read the lease fully. I will do that and post accordingly.

moromir

Snowman2010 wrote: »

with regards to answer 2 and 4, they do not maintain it an no right of access, but I agree, I have to read the lease fully. I will do that and post accordingly.

My bolding - you still need to check your lease and get the definitive answers to those points - just because the management company isn't maintaining the patio, doesn't mean that its not their responsibility to do so.

If the patio isn't part of the demised premises of your property - every other leaseholder on the development will almost definitely have right of way over the area.