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Ground floor claiming something that's not their

124

Comments

  • dipesh010
    dipesh010 Posts: 73 Forumite
    Third Anniversary 10 Posts
    Apodemus said:
    Any time I've lived in accommodation with a shared hallway, there has been an expectation that I take my turn in cleaning the communal area.  In your position, I might be tempted to use a lot of water when scrubbing it down... ;)
    One reason why she thinks the area belong to her is because she has been keeping it clean for years (I think the previous owner was not doing this). She hoovers everyday, I mean I cannot do this everyday but once a week I do clean
    Anyhow, there is nothing to clean other than a small area as most is occupied by them 
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 25 April 2021 at 8:07PM
    dipesh010 said:

    Am I correct to say if they find something wrong (related to the communal area). They'll ask people down stairs to remove those boxes on the same day and have it clean while they're on site?
    No. All they will do is give you a report.
    It's then up to you to forward the report to your freeholder and ask them to take action.

  • verytired11
    verytired11 Posts: 252 Forumite
    100 Posts First Anniversary Name Dropper
    How do you know the hallway is shared?  You mentioned that the lease said that only the area for the bins and access to the garden is shared.  Perhaps she does own the area as she says and you just have a right of way?
  • pramsay13
    pramsay13 Posts: 2,179 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Does your main door open outwards?

    Every house I've lived in or visited the door opens into the living space.
  • You must be able to open your door. You will in invalidating your insurance if the fire people said if must be clear 
  • dipesh010
    dipesh010 Posts: 73 Forumite
    Third Anniversary 10 Posts
    How do you know the hallway is shared?  You mentioned that the lease said that only the area for the bins and access to the garden is shared.  Perhaps she does own the area as she says and you just have a right of way?
    Lease says communal area and front garden walking area "is common with the Lessee of the other maisonette.... with all necessary rights of access thereto for the Lessee and all persons authorised by him"
     
  • GaleSF63
    GaleSF63 Posts: 1,542 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    pramsay13 said:
    Does your main door open outwards?

    Every house I've lived in or visited the door opens into the living space.
    OP says "Soon as I open my door its a stairs" so there may not be room to open the door inwards. 
  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    dipesh010 said:
    Apodemus said:
    I'd simply ask the Fire Service to do a Home Fire Safety Check - on your flat. They will see and comment on the communal area as part of that. This way you are simply getting your new property checked, not calling-out your neighbour.  
    Thanks for the advice. I will book my visit with these people
    https://www.london-fire.gov.uk/safety/the-home/book-a-home-fire-safety-visit/

    Am I correct to say if they find something wrong (related to the communal area). They'll ask people down stairs to remove those boxes on the same day and have it clean while they're on site? (they are also blocking the electrical meter cupboard with their shoes and hanging their ambrela next to it so plenty of safety hazards)  
    What if they don't remove those boxes once the fire safety inspectors leave?  I guess I make another appointment?


    No they won't police it.  That is a matter for your freeholder. They will point out the risks and compile a report.

    If your freeholder is unlucky and there is ever a fire and they haven't taken the recommended steps to clear the area the fire brigade could include this in any correspondence with the loss adjuster front their insurer making the insurance void.

    It's unlikely but not unheard of.

    The landlord building insurance may be void anyway in the event of a fire if there is a clause to keep communal areas free from hazards and they have not complied.


  • dipesh010
    dipesh010 Posts: 73 Forumite
    Third Anniversary 10 Posts
    edited 29 April 2021 at 8:11PM
    dipesh010 said:
    Apodemus said:
    I'd simply ask the Fire Service to do a Home Fire Safety Check - on your flat. They will see and comment on the communal area as part of that. This way you are simply getting your new property checked, not calling-out your neighbour.  
    Thanks for the advice. I will book my visit with these people
    https://www.london-fire.gov.uk/safety/the-home/book-a-home-fire-safety-visit/

    Am I correct to say if they find something wrong (related to the communal area). They'll ask people down stairs to remove those boxes on the same day and have it clean while they're on site? (they are also blocking the electrical meter cupboard with their shoes and hanging their ambrela next to it so plenty of safety hazards)  
    What if they don't remove those boxes once the fire safety inspectors leave?  I guess I make another appointment?


    No they won't police it.  That is a matter for your freeholder. They will point out the risks and compile a report.

    If your freeholder is unlucky and there is ever a fire and they haven't taken the recommended steps to clear the area the fire brigade could include this in any correspondence with the loss adjuster front their insurer making the insurance void.

    It's unlikely but not unheard of.

    The landlord building insurance may be void anyway in the event of a fire if there is a clause to keep communal areas free from hazards and they have not complied.


    Due to covid fire department stated they will only visit houses which are important (age over 70+ which is fine).
    I have forwarded my complain to the freeholder 

    He is saying "I have told ground floor lessees  solicitors to advise their clients to comply with their lease". Does that means the freeholder owns both ground and first floor flat? (its a maisonette flat)

    why is ground floor lessee client is a solicitor? I thought it would be the freeholder? I believe freeholder has 2 solicitors one for ground floor and another for the 1st floor ?

    Freeholder is asking his solicitor to do the work; will that involve any cost from mysids? 
  • dipesh010
    dipesh010 Posts: 73 Forumite
    Third Anniversary 10 Posts
    edited 29 April 2021 at 8:09PM
    if I involve solicitor here am I correct to say I have to pay for my  solicitor and freeholder solicitor? and ground floor neighbour will have to pay for her solicitor and freeholder solicitor? 
    with all that, in return I will have those boxes removed from my door? thats a expensive process for a small work?
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