Freeholder varying lease without authority

G_M

This seems like a cast iron case.

Hopefully an amicable discussion can resolve without having to resort to solicitor's letters or, god forbid, legalaction - though I'm about as sure as one ever can be that you'd win.

You could even offer flexibility if they want to change the access route (provided they ensure one is maintained) though this too would need reflecting in all the leases to avoid issues when leaseholders sell.

And of course should be at the cost of the benefitting party - the freeholder (NOT taken out of service charge costs as that is your money).

thingsmustchange

Hi
Just a quick update.

OH called the management agent who had put up the notice, he started by saying 'I assume there is an error and actually what the notice meant was that a repair was being done' at which point they said no it is being converted to a garage for the freeholder to rent out which lead to him telling our side of things re lease rights etc and they have said both they and the freeholder didn't think to check what rights we (or other flat) might have or that the carpark could quite simply no longer be accessed by a car (I'm not quite sure how anyone could overlook that, whilst the layout probably seems a bit complicated to 'outsiders' it's quite a simple affair!) Anyhow they've asked us to email a copy of our lease and the plans, I think I'll just email the relevant portion and copy just the plans re carpark/garages and see where we go from there.

They've said that as long as our lease gives us these rights they won't go ahead and convert it.

They've said part of the motivation is that people keep putting rubbish in and outside the garage and each time the freeholder has to pay towards disposing of it (he pays 50% ie 2 out of 4 flats, we pay 25% as does the other leaseholder). What riles me about this statement is that said rubbish is when his tenants leave anything they don't want they dump in the garage and he/the agent never check this on leaving. If he's annoyed at paying it I wonder if he's considered how we feel, after all it's his tenants - not mine! We used to have a gate stopping tenants get to the carpark but unfortunately one of his tenants in a drug and alcohol induced state kicked it in and he/the management agent refused to pay to replace it. I think this situation is fairly simple - put locked gate back = no rubbish but perhaps that's too simple

So to sum up I'm hopefully that things will be sorted out amicably, thank you all for your comments, much appreciated!

G_M

When sending the lease copy and Plan (which they really ought to have already!), why not also make your suggestions to solve the rubbish problem?

* check-out inspection at end of tenancies to include the garage area
* repair/replace gate & lock

But glad to hear they are at least listening to you!