freeholder

scorpiontongue

……………………….

molerat

Can I pay to amend the lease to increase the allowed size?

You cannot unilaterally change the lease, the freeholder would have to agree so likely a non starter.

I would greatly appreciate any input on what I can do to resolve this

If the lease is clear on the subject then not a lot.  If you have breached the terms of the lease a lot worse than the removal of the sheds could happen.

eddddy

Presumably, another leaseholder has complained to the freeholder about your sheds. (Out of interest do you know who it might be? And if so, would it be for a legitimate reason, or just out of spite?)


What does you lease say about this? Is there a total prohibition on sheds over a specified size? Or does it say you need consent for sheds over a specified size?

Also, is the garden demised to you? i.e. Is it included in your lease along with your flat? Or is it owned by the freeholder, but you have exclusive rights to use it?

Mark_d

I don't think the issue is about any obstruction being caused.  It's about all leaseholders abiding by the same lease conditions.

As a guess, maybe having reasonable sized sheds increases the storage capacity for your property.  The freeholder cannot allow you to do this as an equivalent right cannot be granted to the other leaseholders.

propertyrental

As we cannot read your lease, it is impossible to comment as to whether you can contest this. The wording in the lease is what matters. What does it say?

You could mutually agree to change the lease, but this would require

* the freeholder's consent

* legal fees - yours and the freeholders

* probably a cost to the freeholder to sweeten his agreement to change the lease to your advantage, not his

* probably the consent of other leaseholder(s), as well as their legal fees.

theartfullodger

I tend to try & comply with any contracts or agreements I've made (and hope that suppliers do likewise.,... 

In your shoes I'd simply get such shed(s) (size,number) that my lease permitted.  

Best wishes to all...

user1977

scorpiontongue said:

@eddddy My first assumption was that a neighbour had reported the sheds but in hindsight it just doesn’t make sense at all. The sheds have been there for many, many years and I have no issues with anyone around me. 

Currently in the process of obtaining a copy of the lease so I can review it as I somehow have every single document possible in regards to the flat except for a copy of the lease. Typical. 

Can you at least clarify whether "my garden" is in fact yours, rather than communal?

Section62

scorpiontongue said:

I live in a flat and have a couple of sheds in my garden, the garden is a great size and the sheds do not obstruct my neighbours in any way at all. 

Bear in mind you would almost certainly have needed planning consent for the sheds.  If they have been up long enough then you may be past the point where the planning authority could take enforcement action, but I mention it as you probably need to be aware in case there is also something in the lease about not breaching planning law with any alterations or additions.

Unfortunately having a new smaller shed now (as a replacement for the existing sheds) may necessitate a fresh planning application.  In an ideal world you might want to get a certificate of lawful development (from planning) for the existing sheds as that may put you in a better position to get the smaller one approved, but don't delay any action you are advised to do in relation to the lease in order to get a LDC.  Instead make sure you at least have pictures and dimensioned plans showing exactly what you have now, as evidence of the previous 'development' (for planning purposes).

eddddy

scorpiontongue said:

I’m absolutely willing to go to those lengths if changing the lease is something that’s possible, it’s certainly something I’m going to look at it and talk to a solicitor about. 

Both you and the freeholder would need to agree, if you want something changed in the lease.

So it's probably best to ask the freeholder if they'll agree first, before spending money on a solicitor. (Otherwise you could spend money on a solicitor - and then find the freeholder just says "No".)


And it's also possible that every lease for every flat in the block would need to be changed - to allow you to have the sheds. So every flat owner (and their mortgage lenders) would have to agree.

(And if every lease needs to be changed, the legal fees will probably become astronomical.)

DE_612183

The freeholder owns the garden not you - so it's not your garden.

millie

You say you have a couple of sheds so it is not just one and that they are only used for enjoyment purposes. Are they sheds or summer houses. If you are using them for sitting outside and entertaining family and friends maybe that could be the problem.