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leaseholders rights / adverse development
G_M
Posts: 51,977 Forumite
A friend (yes, really!)recently bought a ground floor flat in a large block (100+flats).
Attending a residents meeting (there is a 'board' which runs the management company they all belong to) it became apparant there were problems with bikes: being wheeled throught the common areas, left untidily outside, getting stolen etc etc)
The board has now decided to erect a secure bike shed. Great. Good solution.
Except that the planned location is immediately outside my friend's bedroom window!
It will cut out light, and be noisy too.
The 'board' seem to be a clique who push things through, and are not taking her objections seriously.
Assuming the lease arrangements allow for this bike shed, might she have any other channels of objection?
Attending a residents meeting (there is a 'board' which runs the management company they all belong to) it became apparant there were problems with bikes: being wheeled throught the common areas, left untidily outside, getting stolen etc etc)
The board has now decided to erect a secure bike shed. Great. Good solution.
Except that the planned location is immediately outside my friend's bedroom window!
It will cut out light, and be noisy too.
The 'board' seem to be a clique who push things through, and are not taking her objections seriously.
Assuming the lease arrangements allow for this bike shed, might she have any other channels of objection?
0
Comments
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What size/ cost? England and Wales or not?
Was this an issue that predates the purchase? If so it should have come up in the solicitors queries. Read back though all the meeting minutes. Will the bike store need planning permission? Are there any restrictions on development in the freehold title for the land? Anything come up in the searches about restrictions from the council? Are there other suitable locations?
http://www.planningportal.gov.uk/permission/
http://www.landregistry.gov.uk/
read the LEASE guides for understanding all matters leasehold, including a free telephone advice line for unusual queries but do try to have read a few of the articles, the long lease, possibly the head lease before phoning. Does the long lease allow for improvements? If not the development may not be chargeable under major works, could be a deal breaker? Would have to be £250 per flat to be major works; the freeholders would need to formally consult and have regard to all submissions/ objections. Can go to an LVT if this does not happen.
http://www.lease-advice.org/publications/Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Thanks FF.
Nice to be on the receiving end for once, and also to have all the obvious questions asked and obvious suggestions made!
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Does the freeholder of the block by any happy chance also hold the freehold of the outside common parts where they want to put the shed? I know this isn't terribly likely.0
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No problem.
I know little of mine is not new to you, but presume you will be printing out or linking to the thread. Hopefully Propertyman will come along with some in depth stuff. Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Given that four of your five posts recommend the same website I call :spam:Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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