Damage to communal areas by other owner's tenant

Werdnal

And if they refuse to sign for it it is returned to sender - as is said all the time here, never bother with special, fancy, signed for and extra expensive delivery - normal first class with free proof of postage is fine.

Jomo

wired1 wrote: »

So Jomo do you think I should call the management company and ask them to speak to the tenant/landlord about stopping his business activities and making good the damage to the parking area? Then also say that it is the wish of all the tenants that the play area be removed - I can always cc them in to an email to the company to show we're all in agreement?

Yes I do. I would also enquire as to why they aren't maintaining your communal garden area. We pay a monthly fee and all cleaning and maintenance costs of all communal areas are paid from this (along with the management companies fee so definitely ask them to deal with the issues).

ETA: If you rent then maybe ask all the above via the Landlord/agency.

zzzLazyDaisy

Werdnal wrote: »

And if they refuse to sign for it it is returned to sender - as is said all the time here, never bother with special, fancy, signed for and extra expensive delivery - normal first class with free proof of postage is fine.

When the recipient is an individual or one-man-band, I agree, but where it is a commercial business or organisation, such as a management committee, I have never had a problem.

However it is a moot point and I am merely saying what I would do in those circumstances.

maninthestreet

If he's running a car repair business at a residential address, the council need to be informed.

angrypirate

maninthestreet wrote: »

If he's running a car repair business at a residential address, the council need to be informed.

Also he's more than likely making undisclosed income. Report him to HMRC.

wired1

Werdnal wrote: »

but you are now trying to dictate HOW they use it

Thanks for your reply, and I understand what you are getting at but I don't think I'm trying to dictate how they use the space, simply that they be courteous to the other people in the building.

If it weren't for my actions their kid would be heading down a slide into 3ft of nettles, glass and wire about now, and they have had the benefit of the work I have done. All I feel I am asking in return for my efforts is that if they would like to MAKE USE OF THE GARDEN IN A WAY THAT EXCLUDES THE OTHER FLAT OWNERS (I don't think the adults in the building are getting any use out of the playground) I think it is only fair - when no one is being paid to look after the space but you are relying on volunteers - that they do their share of the upkeep. Is that dictatorial or just common decency?

wired1

Hiya - have tried to be more specific - hope this helps - look forward to your reply!

G_M wrote: »

Just to be clear:

* this is a tenant, not the leaseholder? TENANT
* Do you know what type of tenancy? NO, think it's a yearly lease
* Have you discussed with the tenant's landlord (the leaseholder)? Yes but only recently as I've tried to resolve it one on one as I thought it'd make for happier neighbourly relations. He said he'll give the guy 2 weeks to clear it up, which is tomorrow and nothing's been done - I think I might just have to put pressure on the landlord.
* the parking area is private? Part of the property? Not council or public? Part of the property, he has one allocated space, as do we and another two flatowners do but they don't use them - couldn't if they wanted to either!
* what does the lease say about the parking area? the upkeep will be paid for by the management company, it doesn't mention repairing damage caused by running a hookie mechanics business from there though!
* what does the lease say about running a business from the property? I don't think it mentions it. It isn't a legitimate or registered business
* what does the tenancy agreement say about running a business from the property? If you don't know, have you asked the landlord/leaseholder? I don't know - when I told the LL he seemed surprised
* what does the lease say about the garden? to be maintained by the management company, which until v recently was just an informal arrangement by the flatowners so no one has been hired to do this - hence me taking on the responsibility
* what does the lease say about causing a nuisance to other leaseholders? Mine that you can't do it - a bit vague - theirs I don't know
* Is there a management company? Who is the freeholder? Do you all jointly own the freehold? The flatowners, of which I am one, all own a joint share in the freehold, hence relaxed management company structure. The tenant rents from a landlord who owns 2 flats in the building
* are there any service costs? To cover what? Garden? Parking area?

Yeah but they have gone into a float to pay for house upkeep. There isn't specific money put aside to pay for upkeep to parking area or garden

Werdnal

wired1 wrote: »

Werdnal wrote: »

. Is that dictatorial or just common decency?

I think you are looking for an "ideal world" scenario, which sadly doesn't exist ...

Ivana_Tinkle

I understand about not liking confrontation, and if you'd come out into the garden one morning and found the play equipment there I could understand if you hadn't wanted to go round, all guns blazing and complain about it.

But he asked you if you minded and you said no! Why didn't you say, "I'm afraid it's a communal garden, so none of us is allowed to do that kind of thing"? At the very least, you could have said he needed to ask the management company. You told him you didn't mind! Now, after the poor man has bought and installed the equipment in good faith, you're complaining about how unreasonable he is!

wired1

IVANA, it was delivered as a fait accompli - he had already bought it. I said I didn't think it was appropriate, that the other garden users wouldn't like it either, he said 'but it's only us and you that actually use the garden'. I think perhaps I am guilty of backing off a bit and not speaking my mind, but it's hard to say "No one in the building wants that play equipment in the garden, so it's a shame you spent £200 but it can't go up" with someone you have to see every day