road not accessible due to gate installation, advice

domfin

Hi,

I wasn’t quite sure where to post this and hope its in the right place but was wondering if anyone could provide some advice.

My OH and I am a leaseholder for a flat we bought recently. My housing officer has installed a gate at the entrance of the road and only those with keys can open the gate. There was no warning given about this and we only found out when my sister was unable to leave the other night when we suddenly found it enforced and the gate closed. Although we had physically seen it in January, we all thought we would be receiving a key and informed when it is enforced.

The people who have been given keys are those who have cars parked in the limited number of bays and also all the businesses who use our road for loading/unloading for their business. There are also bays available for visitors of residents and we have to pay to have scratch cards to be able to park there. The rest of us do not have a key. The businesses leave the gates open during their opening hours to allow their customers to park there despite it being a private road and no customer parking available (it’s only for tenants/leaseholders). Their customers keep littering on our road, parking in other people’s paid for bays, denting their cars, horning etc.

The gate however has caused the tenants/leaseholders problems. We are no longer able to access the road. The other night my sister came to visit and she parked in the visitor’s bay whilst I gave her a scratch card. When she was leaving after midnight, she was unable to leave as the gate was locked and we didn’t know the gate was enforced from that day onwards. As a result, she had to take a cab home while leaving her car here overnight and then come back the following day for it and I had to give another scratch card to ensure she doesn’t receive a ticket.

Some of the residents also have family members who are physically disabled and require access to the road but as a result of not having a car, they have not been given access. We are also not able to have deliveries made to our doors as if the gate is closed the delivery cannot be made. We have been told that the van needs to deliver in front of the gate and that we have to carry the items from the gate but the stretch of road is really long that this is not possible with large items such as sofas and mattresses. They have said they will consider issuing keys to some residents providing a very valid reason is given (although none of the above is considered valid) and a fee of £25 paid for the key but none of the residents are willing to pay for this as we never asked for a gate and it’s not even making an impact to the reason of why it was installed (to stop the businesses’ customers from misusing it). If anything it’s helping to keep the businesses secure at night time whilst they get to control who can enter/leave the road. We have suggested that every resident should also be given a key regardless of whether they have a car parked or not but it has been refused.

I was wondering if there is anything that can be done. Do any of the tenants have rights? As a leaseholder do I have a right to fully access my road? I am having to pay for the installation of the gate as part of my service charge. Furthermore, we pay for the upkeep of the road yet feel that the use of the road has been taken away with only the pavement accessible.

Thanks in advance.

Cisco001

i know £25 for a key is expensive.
Can you find out which neighbour already have key and borrow it for key cut?

domfin

Thanks for responding.

Unfortunately not, we had thought of this already. Annoyingly, some of the people who own the bay and have keys do not live on this road. They live elsewhere. Asides the businesses, I haven't seen anyone in our road using it. The gate is closed the rest of the time.

We had hoped to tell the business, just to leave it permanently open but the gerda key doesn't come back out of the lock until the gate is locked again (if that makes sense!).

saabay

Does your lease grant you a right to access that road and use the parking spaces. You need to check the exact wording.


If it does then you can demand a key. If it doesn't you are probably stuck with it. The lease should provide the definitive answer. A copy should have been sent to you by your solicitor when you bought. There will be a section headed something like "Rights Granted to the Lessee" or "Rights included in the Demise". Within that section should be all of the rights for services, access, etc.

teddysmum

Especially as there are disabled residents, it is worrying that emergency vehicles are also locked out.

eddddy

Cisco001 wrote: »

i know £25 for a key is expensive.
Can you find out which neighbour already have key and borrow it for key cut?

teddysmum wrote: »

Especially as there are disabled residents, it is worrying that emergency vehicles are also locked out.

domfin wrote: »

... but the gerda key doesn't come back out of the lock...

If it's a Gerda key the fire service will probably have a key for it (and maybe the Ambulance service as well) : http://www.gerdasecurity.co.uk/productsandservices/frs-locking-system/barrier-gate-lock-system.aspx

Also, it's a security key, so you will not be able to get copies cut. Only the managing agent will be able to get copies by providing a code number for the key.

G_M

You need to read your lease.

What does it say about your right to vehicular access? Parking?

Either it grants you rights, in which case you can enforce those rights, or it does not, in which case you can't.

However, much also depends on who the management company is, who they work for/report to, and how flexible they are. You may be able to argue 'reasonableness', especially if a number of residents (ideally all leaseholders) put a case forward together.

And of course if the residents jointly own the freehold and have appointed the management company themselves, then the residents can instruct the Manco to do whatever they wish.

Self-management is another longer term option, assuming 50% of leaseholders agree.

http://www.lease-advice.org/publications/documents/document.asp?item=21

GwylimT

As others have said look at your lease, we have a similar policy, only property owners who also purchased parking spaces here are allocated keys, there is however a drop off area to emergency vehicles and taxis can use the site, its a bit like a U shaped service road going round the perimeter, we do have a 24 hour guard so people cannot take the pee by parking on it.

domfin

Thank you to everyone who responded, really really grateful and appreciated.

@G_M, I would love to change the management company but I don't think we can as the flats belong to the local authority and this organisation acting on their behalf of them is an arms length management organisation. There's also not as many leaseholders as there are of council tenants.

I have gone home and looked for my lease and the only wording about the road I can find is as follows:

The second schedule - the included rights

If and so long as the Lessee shall punctually make payment of the Interim Charge and the Service Charge at the times and in the manner hereinbefore provided:

1. Full right and liberty for the Lessee and all persons authorised by him (in common with all other persons entitled to the like right) at all times and for all purposes in conection with the permitted user of the Demised Premises:

(c) To pass or repass with or without private motor vehicles over any roadway serving the Building and the Demised Premises shown coloured green (if any) on the plan annexed hereto or otherwise serving the Lessors Housing Estate and of which the Building forms part.

Is it safe for me to assume that this means I do have right to access the road? It doesn't mention right to access the visitor's bay but to get to my property by car, I would only be able to access it with a motor vehicle if I have a key to open the gate. There is now only one entrance (it used to have a second entrance but they also closed this off years ago).

Sorry if I'm asking a stupid question but I don't want to be biased and misunderstand the clause.

Thanks again to everyone for responding, most grateful for the advice and comments.

stator

Seems like the are clearly violating your rights according to your lease. It says you have full access over all access roads day and night, and anyone else does too with your permission.

G_M

To pass or repass with or without private motor vehicles over any roadway serving the Building and the Demised Premises shown coloured green (if any) on the plan

Now look at the Plan attached to the lease and find the green area (presumably your building). You have a right to drive a car "over any roadway serving the Building".

In your setup, the other approach is via the council, since they appointed the management Company.

Or your local councillor.