Communal bike storage - Compromise

agentcain

I live in a 2 story building of 4 flats. Each floor has 2 flats whereas the ground floor has no flats. There are 2 doors that open to the ground floor, one towards the main road and one towards the communal parking and a side road. Most people living in the building use the latter, as we own and drive a car. As you enter the building, you have a corridor with a staircase and at the end of it the other door that leads to the main road. Under the staircase, there is a bit of space where we used to park 2-3 bicycles, as there are no other facilities around the building (no sheds, no racks, no communal bike storage). There is only a tree and a couple of lighting poles.

Recently, we've been having visits every 2-4 months from the management company, with stickers on the bikes demanding the removal or else the bikes will be put to storage and a fee will be charged. I've been continuously asking for the legislation that supports this decision and which terms and conditions have I accepted that allow them to forcefully remove items, which I underlined would be considered theft, and charge the owner for getting the item back. They havent replied with anything. They basically ignore me and say that this is what the safety regulations officer says. Im pretty sure that this "officer" is no member of any official regulatory service and he mostly works for them, going around properties, inspecting them. 

According to my measurements, the bicycles are completely positioned within the footprint of the starcase and in a space that is unused and not related to emergency exit as it doesn't block access to either doors. The doors by the way are about 7 meters apart on a straight line. I've looked for fire and safety regulations and I object the intepretation from the management company on the basis that a) the bicycles are not flammable and b) they are stored under the staircase where no one goes so can't be a trip hazard.

In an ideal scenario, we would have a rack, a shed, some storage space for the bikes. There is lots of room at the parking, with small areas of grass all around, about 1 meter wide. In short, there is space to put locking points for the bicycles. 

Personally, I don't want to lock my bike on a pole or tree. I might have to but I would prefer the bike to be protected from the elements. Its not an expensive bike though, costed me around 100£ used and I use it only for recreational purposes. Currently, the bicycle is stored temporarily at a friends place but I would like a solution to have it at home. Storing it in the flat is not an option as the staircase is not wide enough to take it up plus I have no space to store it (it would actually be more dangerous to store it in my place). I did that because today, out of the blue, some cleaning service came in to collect it. Should I not be at home because of the quarantine, I would have lost it. They have some nerves to come in such a climate and pull this scheme. 

I know that none of the 4 flats have any issues with the bikes stored there. Were all renting tenants at similar age and communicate well. There is however an old man living in a ground level flat, who's door has actually nothing to do with our building (his door opens directly to the outside parking), yet he somehow has keys to our communal hallway. He was quick to come out and make a comment that there have been a few notices given for those items. I deduct that he had something to do with it, yet no one questions why he has a key for a space he has no use of other than as a shortcut from the main road to the parking possibly? You may very well reach the parking by going around the building, there's not even a gate (which also worries me when it comes to storing the bike outside)

I don't want to store the bike outside on a tree because it is not safe and it will get rusty and dirty.

The question is: How do I fight my corner and persuade them to provide a solution rather than a problem

unforeseen

Can you find the bit in your lease that says you can store items in the communal area?

Thought not.

Norman_Castle

agentcain said:

The question is: How do I fight my corner and persuade them to provide a solution rather than a problem

They don't need to provide a solution. Its common not to allow items to be stored in communal areas, your tenancy or lease probably states you cannot store items there. It is difficult with items such as push chairs and bicycles.

Is there anywhere you could put a bike shed? If there is no cost to them and the other residents agree it might be an option.

agentcain

Im sorry  unforeseen, Im confused. Which part of your post suggests a solution?

NeilCr

Perhaps they have had an assessment carried out. 

https://arma.org.uk/downloader/dws/2014-04_ARMA_Advice_Note_-_Health_Safety_V01.pdf

The last one we had was very strong on keeping communal areas and cupboards completely clear. We have particular issues with prams. As Norman says it is common in blocks for communal areas to not be used for storage

Excellent suggestion about a bike shed. We have an old bomb shelter on our site which we have converted into a bike shed - although we are running out of spaces in it now

agentcain

I have just checked my AST, the one I signed years ago with the landlord's agent and there is no mention of communal area usage either prohibiting or allowing it.

agentcain

Norman_Castle said:

agentcain said:

The question is: How do I fight my corner and persuade them to provide a solution rather than a problem

They don't need to provide a solution. Its common not to allow items to be stored in communal areas, your tenancy or lease probably states you cannot store items there. It is difficult with items such as push chairs and bicycles.

Is there anywhere you could put a bike shed? If there is no cost to them and the other residents agree it might be an option.

There is space yes. It could even be something as simple as a bike rack and then each bike covered to protect from the elements.

I know they don't *need* to but similarly city councils don't need to provide biking lanes, they choose to, for their own reasons. Since there is a general push towards biking, I would expect them to be more flexible and provide solutions for an ongoing problem instead of trying to enforce prohibitions at the expense of residents.

NeilCr

agentcain said:

I have just checked my AST, the one I signed years ago with the landlord's agent and there is no mention of communal area usage either prohibiting or allowing it.

Might be in your landlord's lease, though.

Have you asked them if they have any knowledge/input?

greatcrested

Your first issue is that you are a tenant, not the leaseholder of the flat. Your tenancy agreement doubtless states that you are renting Flat X, at 123 Somewhere Street. Well, Flat X is everything inside your front door, not everything inside the buildings front (orback) door. Of course, you will also have a right of way through the building's communlal areas to reach your flat, but that does not give you the right to use those areas (eg to store things).

If you were a leaseholder (flat owner ie I imagine your landlord), I'd suggest getting together with the other leaseholders (flat owners, not occupants) and either buying the freehold of the building and/or taking over the management of the building (RTM). The flat owners could then decide for themselves whether to allow bikes in the communal areas (subject to H&S law), or indeed whether to install a bike shed.

Whilst I sympathise, and agree it's an unecessary and unhelpful attitude the management company is taking, it is lawful. Your best response is to raise it with your landlord, though I suspect he won't be that interested.......

baza52

just store them in you're own flat. Simple

agentcain

Should I take it up with the landlord, the management company or the letting agent to receive input as to what the lease says? At this point, they might as well tell me I can't even lock it on the tree or the pole.

The landlord has been helpful once before. The letting agent wanted me to sign another short-term contract when my first one was due. I told them I was quite happy to continue on a rolling contract. They seemed quite reluctant and also wanted to increase the rent. Obviously, they wanted the extra fee at the time.
I found my landlord on linkedin, contacted him directly, shortly after the agent phoned me and told me the landlord was quite happy to carry on with a rolling contract without any rent raise.