View from apartment

stevoh

Hi All,
We live in the top flat in a london apartment which we own. The flat below is renting out and the latest tenants have put up a permanent awning which takes up approx 60% of the garden. We initially thought that it was a temporary solution to provide shade during the summer but it a permanent feature. Bizarelly they use it to store boxes of clothes and bedding as well as other things. Its incredibly unsightly and flapps around in the wind. Other neighbours have also been affected by the noise from the rain bouncing off it during the night.

My question is, given its a complete eye sore, is it acceptable for us to ask them to take it down? I'm kicking myself at not broaching the conversation earlier, as I honestly thought it was a temporary thing so didn't cause a fuss.

TELLIT01

You need to speak to the freeholder of the block as they will have the final say on what is acceptable.

stevoh

They're completely hands off and we have no maintenance company. We're in the process of buying the freehold.
My angle was is this a fair thing to ask of someone, given it completely destroys our outlook. I'm confident the owner would support our case if we raised it with them

Ant555

When you say 'awning' do you mean a kind of gazebo with sides - Clothes and bedding effectively being stored 'outside' must be getting damp.  Does it look like they are running a business (ebay) and storing goods that they are selling?
Does the downstairs flat enjoy exclusive ownership/use of the garden area.

If by chance any of your neighbours were to spot rats or mice in and around that area then I guess they could report this to the correct department at the council and they might investigate.

HampshireH

Ant555 said:

When you say 'awning' do you mean a kind of gazebo with sides - Clothes and bedding effectively being stored 'outside' must be getting damp.  Does it look like they are running a business (ebay) and storing goods that they are selling?
Does the downstairs flat enjoy exclusive ownership/use of the garden area.

If by chance any of your neighbours were to spot rats or mice in and around that area then I guess they could report this to the correct department at the council and they might investigate.

I was going to say the same thing re and eBay business and if so is that a breath of the lease along with installing the awning as a permanent feature?

TELLIT01

When you say you are buying the freehold, is that just for your flat or the whole building?  If it's the whole building you will be able to impose controls on what they can put up.

stevoh

HampshireH said:

Ant555 said:

When you say 'awning' do you mean a kind of gazebo with sides - Clothes and bedding effectively being stored 'outside' must be getting damp.  Does it look like they are running a business (ebay) and storing goods that they are selling?
Does the downstairs flat enjoy exclusive ownership/use of the garden area.

If by chance any of your neighbours were to spot rats or mice in and around that area then I guess they could report this to the correct department at the council and they might investigate.

I was going to say the same thing re and eBay business and if so is that a breath of the lease along with installing the awning as a permanent feature?

It has no sides, and yes, I thought the same re the clothes, although they are in sealed plastic boxes. I don’t think they’re running a business. I went down once to fix something for them as they couldn’t get a response from the agency. Their place is floor to ceiling boxes of personal stuff. I think they’re just hoarder types. 

stevoh

TELLIT01 said:

When you say you are buying the freehold, is that just for your flat or the whole building?  If it's the whole building you will be able to impose controls on what they can put up.

It’s the whole building, so we’ll be able to impose controls. Ideally I’d like to resolve before then though, and amicably as they are quite nice people. 

twopenny

Could you mention to them in conversation that you are buying the freehold and that you hope the gazebo is temporary as it won't be acceptable?

Tricky I know but somehow it should be bought up before you buy and come on them as a surprise. That could be worse and if they're nice you need to keep them that way for your sanity.

It's a weird thing to do but I've seen some weird things people can live with. Trying to think of some argument/reason you could add to the request that would make sense and appeal to their desire to move this stuff. Any garages nearby or storage?

stevoh

twopenny said:

Could you mention to them in conversation that you are buying the freehold and that you hope the gazebo is temporary as it won't be acceptable?

Tricky I know but somehow it should be bought up before you buy and come on them as a surprise. That could be worse and if they're nice you need to keep them that way for your sanity.

It's a weird thing to do but I've seen some weird things people can live with. Trying to think of some argument/reason you could add to the request that would make sense and appeal to their desire to move this stuff. Any garages nearby or storage?

Yes that’s a good plan. In fairness we’ve bent over backwards to quickly address any issues they’ve had with our flat.

I think the lesson in life is I should have raised our concerns straight away.