Asked to remove bike from balcony - rights?

davidmcn

There almost certainly are restrictions on what the balconies can be used for, so the "prove it" approach isn't likely to help you.


These things tend not to be pushed very far unless it's a major issue, I doubt anybody's going to go to court about it.

45002

hyperpringle wrote:

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

hyperpringle wrote:

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)?

hyperpringle

Can i ask what type of tenancy do you have ?

Thank you ...

hyperpringle

I believe it's an assured short term tenancy agreement. And in response to another poster, I expect the management company are not informed it's let, though don't know rules on this.

45002

hyperpringle wrote:

I believe it's an assured short term tenancy agreement. And in response to another poster, I expect the management company are not informed it's let, though don't know rules on this.

Thanks

Can I ask this , when did you 1st move in ?

Thanks ...

princeofpounds

option a) or option b) is a false choice.


I would suggest you pursue a course of action similar to this. Write back to the freehold agent, very briefly thanking them for their letter and politely asking them to explain the grounds of their request.


Then deal with the issue which is actually real to you, which is your landlord. It would probably not be good to leave them out of the loop. Basically, just find out if they care or not.


If your landlord does care, it's probably best to find an alternative for the bike. They, after all, are the one who determines if you can renew your tenancy.


If you have no intention of renewing the tenancy and no particular need for an ongoing reference then you can probably do what you like, for a while.

Toothsmith

You can get some quite nice bike covers for about £30.

It would make it look less obvious - and other people probably have other covered-up things on their balconies?

Might they accept it if it was covered?

19lottie82

If I were in your shoes, I'd just ignore the letter, especially if you've just signed a new lease and plan to move out to buy after that.

Simple fact of the matter is, in order to enforce this matter,the lease holder, will have to take your LL to court. Will they do this? I'd be willing to bet every single penny of my life savings , that they will not. Even if they did, would they win?

Other scenario is that your LL asks you to remove it. You say no, leaving them three options (listed in the likely hood of which I imagine them happening).....

1) They do nothing.
2) Serve you with notice that coincides with the end of your tenancy agreement.
3) Take you to court, to get you out of the flat early. Again, is this likely? No. And if it does happen, will the LL win? I doubt it.


A lot of the time LH's send these letters out just to tick a box, maybe because someone else has complained. These "clauses" are often totally unenforceable, and they know it.

Or if you want an easier life you could remove it, or cover it as suggested. your choice.

duchy

Buying a cover seems sensible

Lunchbox

moneyistooshorttomention wrote: »

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?).

Many leases (including ours) also stipulate you can't put anything up/over the glass that obscures the view onto the balcony!

moneyistooshorttomention

Lunchbox wrote: »

Many leases (including ours) also stipulate you can't put anything up/over the glass that obscures the view onto the balcony!

But do they specify you cant put anything on the railings of the balcony? I am interpreting your comment about obscuring the glass as meaning "Not to put anything up on the inside of the window inside the flat".

I'm talking about a different location - that isn't inside the flat.

I am recalling when I lived in a rented flat with balcony that there were restrictions about what could be kept inside the flat (ie no pets and no calor gas heaters). There was one restriction about the balcony and that specificied "No clothes lines on the balcony". That's the only balcony specification I can recall and it was the tenants association themselves who suggested I interpret that as meaning "No clotheslines to be visible as being on balconies" and suggested I put in a clothesline on the balcony that would run along beneath the top of the balcony wall (ie no-one could see it from elsewhere). I did that and there was never any problems. I think that must be what other tenants did too - as I never spotted any clotheslines or clotheshorses.