False Accusations from Management Company

PasturesNew

Is it possible everybody got that letter?

I had a situation where 4 householders were not putting their bins out correctly (1-4), so the Council wrote nasty-sounding/threatening letters to ALL the houses. The rest of us were all doing it correctly (our bins went elsewhere)... but those who were in 5+ assumed somebody was being malicious and were trying to work out which neighbour had reported them.

I know what happened as I was annoyed as I was doing it 100% correctly and so phoned the Council to discover everybody had the same letter, a letter which sounded personal/to one household.

DCFC79

OP ask a few of your neighbours if they have also received the letter.

Sandyra

I had received a letter like that a few weeks after my downstairs neighbour asked if we could stop dropping our cigarette butts. I kindly explained that neither of us smoked. Not sure if he confronted the flats either side of me or below. I presumed it was sent to all flats. I just ignored it.

cadence

Thank you all for your responses.

I have finally been in contact with Mainstay who state that the cigarette issue was due to several complaints and that they had done a "thorough" investigation. I questioned their abilities as no smoker has passed the door of our apartment since we took residence in 2014. They have apologised and stated that they will reopen the investigation.

On the washing issue.....they sent a photo to me of our balcony (which includes me inside the apartment ��) where you can clearly see washing inside the balcony doors (doors are open). Apparently this has also upset some of our neighbours (I'm pretty sure I know who). I argued that we are not breaking any covenants as nothing is hanging from or on any of the windows or balcony, only to be told that the covenant changed in September to include washing being visible from the street! Despite the September change, they are only now sending out letters to inform residents of the changes.

Can they just change the covenants willy nilly like that? Do they not have to at least inform us of the change? Due to my neighbours apparent vendetta against us, I am now going to make a complaint about every tiny petty thing I see in our development.

sillyhilly

cadence wrote: »

the covenant changed in September to include washing being visible from the street!

Presumably then, you can erect a large sheet of tarpaulin extending the entire length and width of your balcony and then hang your washing up behind that? That's 'not visible' from the street.

These BS covenants infuriate me.

AlexMac

Or you could try an alternative approach

"Dear interferin bestids,

What's wrong with me hanging my smalls off the balcony and having the occasional smoke out there?

Come round here and say it to my face and I'll set my Pit-Bull on you.

And don't give me any of that "No visious dogs allowed in my lease" baloney!"

If you try that, let us know the outcome?

AdrianC

cadence wrote: »

On the washing issue.....they sent a photo to me of our balcony (which includes me inside the apartment) where you can clearly see washing inside the balcony doors (doors are open). Apparently this has also upset some of our neighbours (I'm pretty sure I know who). I argued that we are not breaking any covenants as nothing is hanging from or on any of the windows or balcony, only to be told that the covenant changed in September to include washing being visible from the street! Despite the September change, they are only now sending out letters to inform residents of the changes.

Can they just change the covenants willy nilly like that?

What do your deeds and lease actually say?

eddddy

cadence wrote: »

Can they just change the covenants willy nilly like that?

They can only do what the lease says they can do.

Typically, they won't be able to change 'covenants', but they might be able to change 'regulations'.

For example, a lease might have a covenant like this:

To comply with and observe all reasonable regulations which the Landlord shall from time to time make for the proper management and running of the block and of the estate and for the benefit of the premises comprised therein.

If you can't find anything relevant in your lease, as a starting point, you could ask them which clauses in the lease allow them to change the rules about hanging washing.

(And if there is a covenant like the one above, you still have the option to argue that the new regulation about hanging washing isn't 'reasonable'.)

cadence wrote: »

Due to my neighbours apparent vendetta against us, I am now going to make a complaint about every tiny petty thing I see in our development.

Don't you think that make things worse - especially when the neighbours retaliate with more complaints?

Also, the more work you make for the management company, the higher everyone's service charge will be.

Retired_Mortgage_Adviser

Wow, this is ridiculous and (imho) quite unreasonable. Is it a very posh development?

Reminds me of my few years living in the suburbs of Austin, Texas on a development which had rules on how tall you could let your grass grow, the maximum height of compost piles and the kind of vehicles you could park on YOUR driveway!

cadence wrote: »

the covenant changed in September to include washing being visible from the street!

m0bov

You need to check the Deed of Covenant that you entered into when you purchased. If someone has taken a photo of you INSIDE your flat, I'd also be talking to the Police.