Freeholder demanding removal of sheds

scorpiontongue

Could really use some help/advice on this one. 

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. 

Out of the blue the freeholder contacted me informing me they had a ‘report’ questioning the sheds in the garden, stating I needed permission to have them and requested some information off me. I was completely none the wiser that permission was needed due to the fact they aren’t a permanent fixture and are only used for enjoyment purposes, totally understandable if this was an oversight on my part and I therefore cooperated. I was more than happy to pay a fee in order to gain their permission. 

The freeholder has now informed me the size of the sheds exceed what is stated in my lease (the size apparently stated in the lease is pathetic) and I therefore must reduce the size or remove them entirely.

It would completely crush me to remove the sheds, as dramatic as it sounds they are my pride and joy and have been in my garden for years now. I find this whole situation incredibly bizarre given the way they reached out to me. 

I would greatly appreciate any input on what I can do to resolve this. Can I pay to amend the lease to increase the allowed size? This whole thing is incredibly distressing.

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.

scorpiontongue

molerat said:

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.

I’ve looked into the worst case scenario and it is certainly isn’t good. It seems very petty to go to such lengths over a shed 

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...

scorpiontongue

@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. 

scorpiontongue

Mark_d said:

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.

Understandable however everyone holds their leases separately, admittedly I’m not sure if this changes anything. Surely an additional place for storage (hypothetical as the sheds aren’t used for this purpose) when it’s a flat and storage is limited anyways is not a serious issue. 

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?

scorpiontongue

@propertyrental I’m currently in the process of obtaining a new copy of the lease. I have every single document relating to the flat bar the one I need right now. I will be reading it thoroughly as soon as I have a copy. 

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.