Asked to remove bike from balcony - rights?

hyperpringle

I have just received a letter "to the occupier" from the management company of my apartment block asking me to remove my bicycle from the balcony due to it being "unsightly", "against lease agreement" and "against insurance".

This came with a lovely black and white photo of my balcony too, as proof!

I've had a read through my tenancy agreement from my landlady (separate to management company) and there is nothing within this to tell me not to store anything on the balcony, or even anything inferring that. I also believe my insurance covers the bike in its current position (will confirm this, but padlocked so thought this would be ok).

My flat is not big enough to store a bike and having not received complaints after 4 years, I don't want to have to move it. This is likely just a new management company trying to put a stamp on things... Should I ignore the letter, respond or speak to landlady?

Thanks,
Jon

silvercar

Problem may be that the leaseholder agreement between the landlady and the management company has a clause in that which prevents unsightly items being left on the balcony.

If you put your landlady in breach of her lease, you risk her evicting you at the earliest opportunity. I think you need to speak to her to establish if this restriction is in her lease.

phill99

Silvercar is right. Its the lease that exists between your landlady and the freeholder that is relevant here.

I would write back to them asking them which pragraphs of the lease they are referring to. Put the onus on them to prove you are in the wrong.

-taff

Our lease has restrictions agasint hanging shirts etc that are drying in the windows, so I can believe the bikes on balconys thing...Is the balony also a fire escape?

dgtazzman

Funny, I had a similar situation today, though directly with the LL. They live right next door and they barged in today telling me how I had it in my head to use the place to store stuff as it was a home, not a warehouse.

I explained to them when I took the place that I was only going to be here for a matter of months in between houses and that I would be storing stuff as well as living here. Now they suddenly don't recall said conversation, while I was quite clear about it, hell when I moved in over a month ago they saw me unload a whole large van, where did they think it was going to go...

Luckily they calmed down a bit and we've come to a compromise, but I did nearly burst out to tell them as long as I was in the property under a valid tenancy and paying rent I can store whatever I want as long as it's legal and I deliver the property back in the same condition as at the start of the tenancy.

If they had just asked nicely, I would have had no problem putting the stuff where they can't see it from their house, would have done it with a smile, but they decided to barge in without warning instead.

Also asked me to stop having things delivered as the vans disturb their peaceful lifestyle, sorry, but I tend to buy certain things off the internet, where they are half the price of the high street.

There might be something in the lease, or somebody might have complained that they don't like to look of you bike on the balcony and they are trying it on, no way to know unless you get a copy of the lease or ask your LL.

lonestar1

insurance issue is probably related to buildings insurance rather than your contents insurance

wwl

Time to put something really ugly on the balcony so they welcome the bike back !

dacouch

lonestar1 wrote: »

insurance issue is probably related to buildings insurance rather than your contents insurance

Insurance issue is almost certainly B.S unless the bike is stored on a communal landing and even then I've never heard of an Insurer requiring it.

It's more likely them trying to use Insurance as an excuse or someone with a liking for H&S and being over bearing about it

DandelionPatrol

dacouch wrote: »

Insurance issue is almost certainly B.S unless the bike is stored on a communal landing and even then I've never heard of an Insurer requiring it.

I would agree that the insurance issue is almost certainly B.S.

The answer is that if the lease does not forbid bikes on the balcony, then the freeholder or Management Company should arrange more appropriate insurance. In fact the response to the Management Company should be that they either demonstrate that the lease forbids bikes on the balcony or they should arrange for appropriate insurance.

This is a different issue to bikes in communal areas, as long as the balcony is part of the demised premises.

PasturesNew

My friend who had a studio room in a building that'd originally been intended to be a hotel (so it was super-tiny) used to hang his bike on the wall on two brackets. Although that means making holes in the wall, is that possible to consider doing?

Bl00dy nuisance, but rules-is-rules and if you try to fight it you'll just end up paying more agent fees/removal costs which'd be more than hiring a professional handyman and buying proper brackets, then making good when you leave.

eddddy

So I'd guess a neighbouring leaseholder has complained to the management co, and so the management co has written to you. Perhaps a neighbour wants to sell their flat, so they want everone's balcony looking tidier.

(Maybe storing the bike is contravening the lease, or maybe it isn't.)

If you refuse to move the bike, your landlady will have to make a choice:

- Get into a dispute with the freeholder (and neighbour) about the bike
or
- Evict you

It's quite a gamble! Perhaps it's worth thinking about moving the bike!