Use of balcony

Iwouldlikeacat

Hello,
I have a mortgage on my flat which has its own balcony (I am a leaseholder to the freeholder).  Most flats in the building have a balcony.  Over they years the balcony areas have become misused - people hanging washing out, which is stipulated not to be allowed, however most of the flats seem to have tenants whilst a few are owner occupied  We have recently been told not to have any personal items on the balcony.  This has been communicated by the property management company.  My question is, is this legally binding?  Some people (myself included) have balcony furniture (table/chairs/plants), whilst others seem to use theirs for storage. I appreciate the property management company is nervous since Grenfell, but can they really stop us from enjoying our balconies?
Thank you for any guidance you can offer

DullGreyGuy

What does your lease state?

Our lease is very open on what the balcony can be used for other than hanging washing. In recent years there have been disputes on the use of BBQs. They are claiming its enforceable because of a clause on doing anything that can increase costs and they then got an email from their brokers (I know them, wouldnt trust them) which said if BBQs were allowed then insurance premiums would go up (even though if any inspection has ever been done the fact that most have a BBQ on the balcony is clearly visible)

theoretica

Could they say you are not permitted any personal items in your bedroom?  Is there anything in the lease to justify the balcony being different?

eddddy

theoretica said:

Could they say you are not permitted any personal items in your bedroom?  Is there anything in the lease to justify the balcony being different?

A flat lease is very likely to have covenants relating to the use of the balcony - like no drying washing, no storage.

A flat lease is very unlikely to have covenants about what can be stored in bedrooms.

 

Iwouldlikeacat

I will have to dig out the lease, but it definitely no BBQs/fires/laundry.  The rule of nothing on balconies is new

robatwork

Who is likely to take action against you, and what damages would they claim?

I get that washing can be unsightly, but realistically how many tenants ever get sanctioned for this in reality? And even if they get a solicitor letter, they simply desist for a couple of weeks them start again.

Most covenants - not the fire/BBQ ones - never get enforced. Barely a week goes by on this forum without a "Neighbour has a large van parked in contravention of our covenant" post, but I've never seen a post about legal action taken against the neighbour with a van.

eddddy

robatwork said:

Who is likely to take action against you, and what damages would they claim?

With leasehold properties, if you breach the lease, it tends to work like this...

• 1) The freeholder / management company send you a letter telling you to stop breaching the lease. They charge you an admin charge of £40 or £50 for sending the letter.

• 2) The freeholder / management company might send you a second letter - and charge you another £40 or £50

• 3) The freeholder / management company instruct a solicitor who will send you a letter threatening legal action - and you will be charged for the solicitor's fees which might be £300 or £400

• 4) The solicitor will serve a section 146 notice on you to commence forfeiture proceedings for breach of lease (i.e. proceedings to repossess the property) - you will be charged the legal fees

Even if you get this far - you can still stop the forfeiture (repossession) by remedying the breach of lease. i.e. removing the stuff from the balcony, or whatever.



If you don't pay the admin charges above as part of the service charge, that's breaching the lease again...

The freeholder / management company will repeat steps 1 to 4 above (so you'll owe even more money).


And the freeholder / management company also have the option to contact your mortgage lender about unpaid charges. The mortgage lender will often pay them (to avoid the lease being forfeited), and add them to your mortgage.

MultiFuelBurner

I would be surprised if they can stipulate nothing on your balcony whatsoever.

I understand the things you have already mentioned such as laundry BBQ fires and for storage.

Balcony furniture seems reasonable but I suggest they are just trying to clear up the trouble balconies with a warning letter that lacks substance.

Have a search of your current lease terms and see what it says. 

Maybe get together with like minded neighbours who keep their balconies looking nice with furniture not hazards or eyesores and present a united front.

p.s. I despise people taking a single paragraph as a quote to respond to as below it does not convey the full sentiment of a reply. 

ManuelG

What sort of balcony is it? I lived in a flat once where there were 'balconies' either side. The one balcony was a genuine one, where people would sit, keep plants and yep, some would hang washing even though they weren't supposed to. The other was at first glance also a balcony but... it had a gate you opened to get to the fire escape steps, so the freeholder was a lot more strict about that area being kept free of just about everything to save themselves from potential action! If anybody left anything on those 'balconies' they were down on them straight away.

Section62

MultiFuelBurner said:

I would be surprised if they can stipulate nothing on your balcony whatsoever.

If you agree to it then they can stipulate what they want, within the boundaries of the law.  Having items left on a balcony is a potential fire risk, so it is likely the law will be on their side.

MultiFuelBurner said:

I understand the things you have already mentioned such as laundry BBQ fires and for storage.

If something is left on the balcony when not in immediate use then it is being stored, surely?

eddddy

MultiFuelBurner said:

I would be surprised if they can stipulate nothing on your balcony whatsoever.

It would be quite valid for a lease to have a covenant saying that nothing can be put on the balcony.

The legal position would be - if you don't like that covenant, don't buy the property.

And find another property which doesn't have that covenant in the lease.



But generally, these types of covenants are put in leases for the benefit of flat owners. Most owners don't want their building turned into an eyesore - with washing, and bikes, and old fridges stored on balconies.

So developers but these covenants in leases to make the flats more desirable.