Query stairlifts/ neighbor

elsien

user1977 said:

elsien said:

England, Wales, Scotland?
Scotland don't have freeholders, so they? 

Everyone is a freeholder in Scotland, because we're not so ludicrous as to try using leasehold tenure for residential property.

Sorry, meant that the other way round! Getting my freeholders and leaseholders all mixed up again.

diystarter7

HampshireH said:

If this person has a stairlift and it's for sole use which she seems to be implying then she is probably paying the electric bill for it (likely to be wired into her flat) and the £50 charge is probably a maintenance charge to the freeholder for servicing etc 

If this is the case and it is connected to her electric meter for her sole use then yes she absolutely can decline others use it.

Freeholder will confirm permissions but you will be able to see by looking at it where it is wired into.

I've always thought it odd putting private stairlifts in communal stair wells but it's actually more common than you would think.

Why would someone who needs a stairlift buy a first floor flat?

(As opposed to someone who buys a flat and later needs a stair lift)

Hi

At times its because of affordability, locality to family etc. As you know flats are often cheaper than houses/bungalows.
Thereore is there is a communal lift they would buy it. Many people that have lived in houses and have alsws slept on the first floor or above find sleeping at ground level scary, EG leaving windows open in the bedroom, living room as often there is communal access around blocks of flats

Thanks

eddddy

I suspect that use of the stair lift isn't included as part of the lease, so your buyer would have no automatic right to use it on that basis.

It might also be that your neighbour had to pay for it's installation, so the neighbour objects to somebody else getting to use it for free.

If so, maybe it would be resolved if your buyer offered to pay your neighbour a share of the original installation cost, plus a share of the ongoing costs.

propertyrental

eddddy said:

I suspect that use of the stair lift isn't included as part of the lease, so your buyer would have no automatic right to use it on that basis.

But assuming the stairlift is on the communal stairs (which the OP will have a right to use) then it might be arguable that the stairlift is also communal.

We really don't have enough information about the set-up, about what agreements were or weren't put in place and between who, let alone what the law (property, contract etc) might say.....

Debbie9009

I wonder if part of the reason the owner doesn’t want other people to use it, is in case an accident occurs and the owner doesn’t want to risk possibly being held responsible.

eddddy

propertyrental said:

But assuming the stairlift is on the communal stairs (which the OP will have a right to use) then it might be arguable that the stairlift is also communal.

Simply putting something in a communal area wouldn't really make it communal.

Presumably the stairlift wasn't present when the lease was first granted, so unless the lease has been varied since, the right to use it wouldn't be included in the lease.

But, as you say, the stairlift is probably on a communal staircase - so potentially the OP (or their buyer) could ask the landlord to remove it, because it's taking up communal space.

However, disability rights legislation might override OP's usual leaseholder rights. (Plus it would be a very unkind thing to do!)