Help with leasehold stuff

sarah69696pink

Hi All,
Not sure if this is in the right place - sorry if its not.

I own a leasehold flat and have some issues with the landlord/managing company.

Since buying my flat, over 6 years ago (in fact it was part of what the estate agent showed me) I've had access to a communal area separate to where my flat actually is, but an area where there is a notice board and you can walk through to the outside street. The company have now decided to take the combination lock off this and to issue keys to the two flats in that area, this now means to go onto the main street I need to walk a much longer way around where there is no pavement or proper park or any street lighting. Had I known this could happen it would have impacted on whether I bought the flat. I've asked for a key and explained that for security reasons I don't like walking around late at night, but been told they will not issue a key.

Second issue is the carpark was meant to have 3 visitors spaces (that is what is on the plan that I had when I bought the flat, including on the plan accompanying my deeds). This has long been an issue, with only one space marked out since the carpark was redone. However the management company have now employed a parking management company and state there are no visitors spaces. I've tried being polite and offered to show my plans stating that there should be, but received a reply:
"I do not have plans for the car park but I did not see any physical evidence of visitor parking and neither did the parking enforcement company when we walked the area together. Regardless of what may show on any plan you have, your legal interest is limited to your flat and your parking space and that is what you would be offering for sale". Is this true? Do I have no legal say about areas like the carpark?

If anyone can offer any insight on whether I have any rights with regards to the above that would be great.

G_M

In relation to both these issues the only thing you can rely on is your lease.

Does it specify that you have a right of way through this communal area? If so, fine. If not, tough!

Does it specify 3 visitor spaces (for your flat or for the block?). If so, they should be there. If not, tough!

Write to the manangement company with copues of the lease highlighting relevant sections.

Might be worth talking to neighbours - if they feel the sam, joint action is easier.

If you get no response, you may need to use the courts to enforce your rights.

Check out Leaseadvice too.

Ulfar

You need to check your lease.

If it details this extra land and that you have the right to access it, then the management company cannot deny or restrict this access. I would argue that they have restricted it.

As for the parking space you are going to have to check your paperwork again. I would rewrite your letter and include a COPY of your plans, don't send the originals they will loose them.

G_M

Ulfar wrote: »

... don't send the originals they will loose them.

Or, more likely, lose them.

(sorry..)

sarah69696pink

Hi All,
Thanks for the advice, neither the walk way or spaces are referred to in the lease as such. The lease does refer to the right to use 'common areas' but I guess this is up to interpretation.
However on my plans there are clearly visitors spaces drawn out and a 'pedestrian access' which is the walk way I am talking about (the other way is only suitable for vehicles really, which is why I am so concerned).
I will photocopy plans tomorrow and write to them again.

sarah69696pink

it also says in the lease "the rights in common with the Landlord and other Tenants of the Building and all other persons entitled to the like right at all times and for all purposes in connection with the permitted use of the Premises on foot over the Common Parts and the care parking area


I'm hoping that I will be able to argue that this should give me the right to use the pedestrian access?!

G_M

If the pedestrian access is a 'common part' then yes. But is it.....?

What 'Plan' are you looking at? Is it a builder/deveopers Plan (no real value)? Or is it a Plan attached to your Lease? On which you can rely.

sarah69696pink

It was a plan I was given by my solicitor when I was given my lease. It isn't attached but is referred to in the lease as the lease refers to the areas in red (my flat).

G_M

Then if the Lease's Plan shows " a 'pedestrian access', that seems to me to clearly mean a 'common part' so you should not be denied access to it.

Similarly the Visitors parking spaces, since they appear on the Plan.

sarah69696pink

Thank you so much for your help.....copied the lease and the plans earlier and am writing a letter to the management company now

DVardysShadow

sarah69696pink wrote: »

Thank you so much for your help.....copied the lease and the plans earlier and am writing a letter to the management company now

Let us know how you get on.