Asked to remove bike from balcony - rights?

moneyistooshorttomention

phill99 wrote: »

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.

Seconded. That's exactly what I would do in your position. Basically take a "prove it" approach to this.

Re "against insurance" huh???? I would be surprised to find that the insurance company concerned had anything forbidding bikes on balconies. There might be some catch-all phrase forbidding anything at all (be it bikes or otherwise) on balconies - but I would be rather surprised if there is. Reason being - balconies are meant to put certain stuff on I would say (ie plants and garden table/chairs).

Same thing applies - ie ask to see details of what the insurance company state precisely.

EDIT; When you say "bike" and I instantly assumed "bike" is what you meant (ie a pushbike and not a motorbike) - can we clarify that this is indeed a pushbike?

moneyistooshorttomention

dgtazzman wrote: »

'Barged in' might have been a bit of exaggeration, more like barged up to my door, mr and misses LL and and started questioning my personal business and calling me a liar with raised voices.

Dunno why they felt the sudden need, been nothing but pleasant towards them and have never complained when their grandson hangs round my place early in the morning playing ballgames and making a racket, which has happened a few times. Just shrug it off as boys being boys.

Think the main issue was my 'daily deliveries' (5 in the month I've been here, 1 of which had to come back a second time as I wasn't in, tried to make it clear to them they were majorly exaggerating, but I was lying, apparently). If they had just made a kind mention of it at some point, I would have gladly made arrangements just to pick the stuff up at the nearest depot, most of it was small items anyway, not my fault all the delivery companies tend to drive round in huge vans.

I have had a load of furniture delivered, I am told. In fact I've had 1 sideboard and 1 tv unit delivered flat packed, 4 small boxes. All the other stuff I already had and came with me in the van when I moved in, I've just moved it around a bit since, to make some more living room for myself, so I put it in the small conservatory area I have as I don't use it for anything. As they can see it in there from their house, they say it disturbs them... Other deliveries have been a TV sound bar, a desk chair (which I later decided not to put together yet as I'm afraid it might mark the laminate flooring), a new mobile phone and a set of pans ready for the induction hob in the house I'm in the process of buying, which came at the same time as the cutlery set I also ordered, so that was only 1 delivery.

In your position - with the way you are buying a house currently and will soon be on the move anyway - then I'm guessing that you could "play the system" (in a way I don't agree with for tenants generally...) and just drag things out for long enough that your house was all "bought and paid for" and you were going to move into it anyway. An awkward situation if they have "convenient memories" when it comes to recalling a verbal agreement they have with you and exaggerate re the number of deliveries you have - but manageable, whilst you push to get your house asap.

duchy

Seems it depends what your plans are - you've lived there for several years so presumably there are things you like about the place. Once the managing agents get a bee in their bonnet about something like this they tend to keep bugging the owner so easiest course for your landlady may be to legally end the tenancy and get a new tenant without a bike !

Your rights are probably for now you can't be forced to move the bike but at the expense of needing to find a new flat sooner rather than later -depends how bothered you are about moving or not

We had the exact same problem with a tenant in a block I lived in years ago- the owner didn't care as they didn't live there- until the management company got lots of complaints from residents after the bike owner left an oil trail from their tyres through the building. If you are taking the bike through common areas especially carpeted ones could this be the real issue? The management company know they can't tell you that you can't keep a bike in the flat so the balcony eyeore thing is a bit of a red herring and it's about the fact you can't wheel a bike through a building without bringing in road dirt ?

Lunchbox

Balconies usually aren't part of the demised premises. They often belong to the freeholder and the lease provides a 'right to use'. Our lease is highly restrictive about what we can put on our balcony.

princeofpounds

It goes without saying that it would be unfair. I think it is both unfair and binding.

Legally that is totally incorrect logic. An unfair clause in a contract doesn't mean it is literally unfair. It means that it falls foul of unfair clauses in consumer contracts legislation. If it does, for all intents and purposes that clause does not exist. Bit hard for something to be non-existent and binding.


Now, although I very much doubt it is the case, I am not claiming that unknown head lease terms cannot be binding. But a clause in a contract cannot be both unfair (in the legal sense) and binding.

GwylimT

Normally a leaseholder doesn't actually own the balcony but they are given a right to use it. Is the balcony actually included in your rental agreement?

I know in our flats balconies are not owned and while things like furniture can be used, they cannot be stored, this is to maintain the look of the exterior but also a lot of our balconies are fire escapes.

Does the management company know a tenant is in the property?

The issue is your landlord cannot change your lease, however any clauses in the property lease can still be enforced in court, the freeholder could also remove the owners permission to house tenants in the property.

Browntoa

leasehold flats near me requires that the Management company paint ALL the balconies and front doors the same colours

so there are often restrictions , sometimes a general exclusion to stop things like SKY dishes being fixed to the railings or balconies

Norman_Castle

On some bikes the wheels and seat post are quick and easy to remove. Could you do this then lay it on the balcony floor to make it less visible.

moneyistooshorttomention

On the "visibility" front - if there are restrictions as to what can be placed on balconies in that block - then maybe those restrictions wouldn't specify against some of that rattan or bamboo type fencing that some people use in their gardens?

If that isn't included - then perhaps you could tie some of that to the balcony railings right across blocking the view of your bike? (Hopefully the neighbour who has reported you doesn't live "above" your flat and is therefore looking down onto your balcony?).

hyperpringle

Thanks all for the responses. This is indeed a bicycle and I've never brought mud into the property so would not have received complaints on this basis. In fact, there are 2 bikes, one which has always been under a nice cover, but the other is more recently added (the gf's), uncovered and therefore more unsightly.

I have just renewed my tenancy for 1 more year then plan to buy after this
this (different property). It feels like I have two choices here:
a) Ignore this letter and act if it's followed up, whilst making the uncovered bike less visible
b) Directly respond to managing agent with the 'prove it' approach

I'm almost reluctant to enter into debate with them if there is a chance they will overlook it and the letter is a one off.

a) or b)?