Question about lease conditions

stardust09

Hi,

My sister is buying a garden flat in Yeovil. It is a fairly new build detached property with one flat above it. There are other flats on the development, which are not attached to it and are on the other side of the courtyard. The garden is small (about 19 feet square) and surrounded by three very high walls, which reach to the level just below the upstairs flat windows. On all three sides, it is bordering other people's gardens and no property can look down into it (the upstairs flat has an apex window so looks to both sides instead of straight out). It is very private and discreet.

The conditions of the lease which seem weird are around the use of the garden. I've outlined them below:

1) Not to place or use any barbecue on the Communal Areas or gardens or balconies (if any) forming part of the Demised Premises nor to carry out cooking operations, eating and/or drinking of any sort on the development except inside the Demised Premises.

Does that means that she cannot sit out in her back garden (either alone or with a few quiet friends) to eat a meal (cooked in the flat as she isn't a BBQ fan) or have a drink without breaching the terms of her lease?

2) Not to place or store any bicycle, pushchair, perambulator or toys on any balcony or garden forming part of the Demised Premises nor to use the same for the airing or drying of clothes, bed linen or other similar articles.

Does that mean that even though nobody would even be able to see any washing or washing line, even the upstairs neighbours unless they leaned out of their small windows and looked down, she is prohibited from using her back garden to dry her washing on rotary line or clothes airer?! And even if our niece came to visit, she wouldn't be able to play with toys in the garden? A balcony, I understand, but a private garden?

3) Not to use or allow to be used any hosepipe in the Demised Premises apart from the usual connecting pipes for kitchen appliances in the kitchen of the Demised Premises.

She wants my dad to use his pressure washer to clean her patio and also wants to grow plants there. Why is there a ban on using hosepipes? Does anyone know?

Also the garden wall are in terrible cosmetic condition and needs painting. She would like to paint them white but isn't sure if this is allowed either.

Has anyone come across clauses like this before and are they able to be worked around or absolute and enforceable? What is the point of having a garden flat if you can't hang your washing outside or enjoy a meal on the patio in the summer?!

Thanks. :cool2:

boliston

This type of law is really bad for the environment and there should really be legislation to ban it.

You can happily park your thirsty 4x4 in your allocated parking space but heaven forbid that you should park your bicycle on your own balcony.

You can kill the environment by wasting energy tumble drying your clothes but dry them on an airier your balcony and you can end up in hot water!

nimbo

When she has been viewing the flat has she seen washing being aired? I realise it's not the best time of Year to check - but I can see some of those being things that aren't necessarily stuck to or objected to by neighbours.

Hoploz

Is this a new build? Whatever it states in the lease is the case. It is enforceable.

Seems ridiculous in this case as it sounds very private and wouldn't cause disturbance to others, but these are the rules.

BTW I would read the hose thing more to mean you can't have an outside tap, but if you connected it to the kitchen taps it'd be ok?

If not a new-build, are there signs that others are breaching the terms in other flats? If so then others are unlikely to complain, but if everyone else sticks to the rules then people might complain.

You have to ask how likely it is that the Freeholder is going to find out. And if they do, whether they are likely to enforce the terms. Is she the sort of person who likes to have riotous parties outdoors every week all summer long, or is it more a case of an odd drink or meal by herself which wouldn't bother anyone? Likewise if the washing line was discreet and couldn't be seen (therefore not an eyesore) then probably not a problem.

stardust09

The flat was a new build in 2014.

It was empty when it was viewed.

My sister is a quiet person who would never hold a rowdy party! Plus the rules seem to suggest it's ok to have one in the flat as long as the same people don't venture out the patio doors!

I can't imagine how the Freeholder would justify enforcing these terms. After all, if nobody complains, they are not causing any disturbance (visual or otherwise) and nobody can really see into the garden anyway, why would anyone bother about it? It's not damaging the property either, especially the laundry (which is could if washing was hanging up inside!).

It's a crazy world...

AdrianC

stardust09 wrote: »

The flat was a new build in 2014.

And there's the answer...

I can't imagine how the Freeholder would justify enforcing these terms.

Once all the properties on the development have been sold by the developer, then the freeholder (=developer, initially) won't give the first furry flying toss. It's just to keep it all "pretty" until they've all been flogged.

bouicca21

I have a similar clause about hanging out washing. Next door breaches it; no one has complained.

Not being able to sit out and have a meal or a drink would seriously p!ss me off though. I regularly have coffee outside and what's a garden for if not to relax with a glass of white wine in the summer?

NeilCr

Hmm

As someone who is a director of a site where we own the freehold

First up - many of these covenants are created by the original developer to ensure it's as easy as possible to sell the properties

Secondly - these can be quite good in the worst case scenario. I have no doubt that your sister is as you say she is. But, if she did have wild parties and/or have a huge washing line where everyone can see it then it does give the freeholder a bit of purchase

From my own experience no-one will give a flying fig if your sister has a glass of wine and a discreet washing line out there. The only caveat I have is that if there is any falling out with neighbours then they can be pretty quick to start waving covenants around. But, in the real world, that is highly unlikely!

davidmcn

stardust09 wrote: »

1) Not to place or use any barbecue on the Communal Areas or gardens or balconies (if any) forming part of the Demised Premises nor to carry out cooking operations, eating and/or drinking of any sort on the development except inside the Demised Premises.

Does that means that she cannot sit out in her back garden (either alone or with a few quiet friends) to eat a meal (cooked in the flat as she isn't a BBQ fan) or have a drink without breaching the terms of her lease?

Correct, those would be "eating and/or drinking of any sort"

2) Not to place or store any bicycle, pushchair, perambulator or toys on any balcony or garden forming part of the Demised Premises nor to use the same for the airing or drying of clothes, bed linen or other similar articles.

Does that mean that even though nobody would even be able to see any washing or washing line, even the upstairs neighbours unless they leaned out of their small windows and looked down, she is prohibited from using her back garden to dry her washing on rotary line or clothes airer?

Yes, this one's pretty common in modern developments

And even if our niece came to visit, she wouldn't be able to play with toys in the garden?

No, I don't think that would be "placing or storing" - it's using the garden as a dumping ground for trampolines, slides, sand pits etc that they've got a problem with.

3) Not to use or allow to be used any hosepipe in the Demised Premises apart from the usual connecting pipes for kitchen appliances in the kitchen of the Demised Premises.

She wants my dad to use his pressure washer to clean her patio and also wants to grow plants there. Why is there a ban on using hosepipes?

She can grow plants without using a hosepipe. Not sure of the reason but I guess they've had past experience of some sort of nuisance being caused by careless use or high-jinks involving hosepipes.

Also the garden wall are in terrible cosmetic condition and needs painting. She would like to paint them white but isn't sure if this is allowed either.

Is the wall going to be hers? Does the lease have any restrictions on decoration?

Has anyone come across clauses like this before and are they able to be worked around or absolute and enforceable?

She would have to be causing enough of a nuisance for someone to be bothered enforcing them. I don't think she should worry too much about it.

G_M

* yes the clauses are enforcible

* they can be enforced by the owners of any property which benefits from the covenant/lease terms - this may or may not include the neighbours and /or developer and/or freeholder

* the terms are standard and presumably apply to all properties on the estate - hence some may appear inappropriate to the specifc flat

* whether anyone would, in practice, enforce is a different matter. For example if she ate her kitchen-prepared dinner in the garden no one is likely to know, care or enforce. If she had a BBQ party the noise and smell might disturb the neighbours who might choose to make an issue of it.

Rosemary7391

I can understand the BBQ thing and the eating/drinking outside, as these are almost certain to impact on other flats even if done sensibly. I really don't get the washing thing though. I guess it isn't all that nice to look at someone else's washing, but it's a fact of life - we wear clothes, they need washing, they then need drying...? I wouldn't buy a flat without any space outside to use for this purpose.