Ground floor claiming something that's not their

[Deleted User]

brewthebear said:

the other occupant is taking practically all the hallway to the ointment 

Could the OP store her ointment in her bathroom cabinet?

HampshireH

Your biggest concern should be getting out in a fire. Not where you can store your shoes.

Speak to your freeholder and say if you do not get an acceptable response you will seek advice from fire service. If you get nowhere get the fire service to assess for you .... Your freeholder will not be happy as I expect the fire service will pick up all sorts they should have in place or should be doing. But you would have given them prior notice.p

However if you go down that route you need to follow suit and you won't be storing your shoes their either. 

Whatever you do.... Don't complain you have nowhere to put your shoes. Your flat is where they should be kept.

Jeepers_Creepers

Dipesh, arm yourself with the facts - check your lease (and the other flat's too if you think it'll help confirm what you find) - no point at all speculating.

This should hopefully make it clear what the communal area can and should be used for. Very likely it is for communal access only, and not for storage. If this is the case, you need to think through what result you want from this - a completely clear entrance hallway for both of you, or some element of compromise between the two of you for a small level of storage which you can share equally and won't compromise the access. (This will technically be in breach of the lease, of course, but hey...)

If the latter suits you better, I'd suggest that this storage should be built-in so no stored items are visible, and the capacity is fully controlled. Provided it doesn't affect safe passage through the hallway, you could both consider floor-to-ceiling cupboards of X depth (eg, enough to store shoes(!) and small boxes only).

If even a one-foot depth is too much, could the cupboards be wall-mounted instead? Again, limited, equally divided, fully contained.

The idea is that you either both agree to this compromise - some storage available equally to both of you which is fully contained so cannot overspill - or else you both have to keep the area completely free. You need this one-or-the-other solution, not a grey area.

Do you have shared recycling boxes? And they have to be inside? Yuck. If they are separate for the flats, then you either both have them inside, or both outside.

Anyhoo, check your house insurance for LP - I do hope you have this - and then arm yourself with the facts of your leasehold entitlement.

Ditto for the garden. (If that already has CCTV, it likely either belonged to the previous occupant, or else someone else thinks it's their garden too...)

When approaching the other flat over this - enjoy - stick to the facts, calmly, pleasantly but unflinchingly. Don't be led away from this - ignore "But we have always..." or "The other person didn't..." "It's not a problem for us..." "We don't have any room inside..." BS ('cos that's what it is) but let them finish their rant and then bring them back right away to the facts. "The lease states clearly that..." "I am happy to discuss some equally shared built-in storage..." Even turn it around so they have to answer; "Uh-huh, but what does the lease say?!" "What would you prefer - completely clear, or agreed built-in storage?" If they continue to ramble, look them straight in the eye throughout, impassively, and let them finish. Then get back to the facts; "What does...".

If they are simply bolshie and slam the door, then you need a lever like a letter from your LP, or a report from the fire service as mentioned above - nice idea.

These folk need to learn that you are reasonable - but determined, or they'll always take the Mick.

Keep us posted - there are lots of threads similar to this, and it'll undoubtedly help others :-)    

greatcrested

You do not seem to have checked either your lease, nor the Land Registry Title. At least you have not said so, and have not quoted what they say.

so no one here can give any better advice until you do so.

If you want to help yourself, learn the facts!

And 'some guy' is the feeeholder? That's not going to help you! Who? Again, the Land Registry Freehold Title will give the name and address if you don't have it already (which you should).

dipesh010

Jeepers_Creepers said:

Dipesh, arm yourself with the facts - check your lease (and the other flat's too if you think it'll help confirm what you find) - no point at all speculating.

Do you have shared recycling boxes? And they have to be inside? Yuck. If they are separate for the flats, then you either both have them inside, or both outside.

Anyhoo, check your house insurance for LP - I do hope you have this - and then arm yourself with the facts of your leasehold entitlement.

 

The lease does not specifically mention anything about the hallway. It shows the map for the ground, first floor and the front garden. The walking path in the front garden and hallway is marked in pattern of lines 80 degree angle  

And the paragraph which i believe is relevant says "The use of the area in the front garden hatched black and edged black upon the said plan is common with the Lessee of the other mainsonette as a dustbin area for the keeping of a receptacle or receptacles for the storage of refuse together with all necessary rights of access thereto for the Lessee and all persons authorised by him"
I am not too concern about storing my shoes - I can do that in my room. What i dont like is all of their boxes are stored towards my side and their area is all clean. I had fridge coming in and I could not even open my door fully. 
I have the contact details of the landlord but I would like to first ask them nicely but then she came back stating that area comes under her lease which is nonsense. 

We store the bins outside and both bins are shared. Its not even the end of the week and both bins are 80% full. I have soo much cardboard to throw away but bins are already full. I think they have a big family

House insurance for LP -- What does LP means?
What rights do landlord has if someone break lease rules? i.e lease say my flat is not allow to rent but previous owner was letting it out. What will happen if freeholder finds this out? 

Jeepers_Creepers

LP = Legal Protection. They can advise, but will only act if they are confident it's a nicely 50+% chance of winning.

I found this after a quick Google for someone else - no idea if it's relevant to your case.

https://www.luscombegray.com/property-litigation/commercial-landlord-tenant/enforcement-of-lease-covenants/

But, if you have LP, then you'll get proper legal advice from them.

greatcrested

How about you simply move all their stuff over to their side of the communal area....?

she came back stating that area comes under her lease which is nonsense.

So download her Title and Plan and show it to her.

dipesh010

greatcrested said:

How about you simply move all their stuff over to their side of the communal area....?

she came back stating that area comes under her lease which is nonsense.

So download her Title and Plan and show it to her.

I did move few boxes to their side and they put it back on my side. When I next time see them face to face I'll let them know about the shared area and tell them to move their boxes soon. OR do you recon I should just knock on their door and give them the news? 

greatcrested

well it's a question of diplomacy.

It's always better to resolve issues like this amicably where possible, ideally face to face as opposed to by messages, texts etc, but if that fails, then you have to take more direct action either practically (just keep moving the stuff) or legally.

Or you live with it.

lookstraightahead

It sounds like the hallway doesn't belong to either of you so neither of you have a 'side'. In fact, it probably needs to be completely clear for insurance to remain valid.