Freeholder demanding removal of sheds

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.

scorpiontongue

user1977 said:

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?

Yes it is, fully private 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.

Grumpy_chap

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. 

If the leases to the individual flats all contain similar restrictions, which is likely, it would not necessarily require someone to complain as such.
It may well be that another leaseholder for another flat applied for permission for a larger shed than the leases generally permit and was refused.  That leaseholder may then have countered with a comment that "flat X" has larger sheds.  It may have been a comment of that nature that resulted in the enforcement being started on your sheds.

Section62 said:

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).

I am not sure I agree with your view about the need for planning permission.  PD rights for outbuildings have been very generous for many years.  Obviously, neither of us have sufficient knowledge on the sheds, garden etc to comment fully in this regard.

eddddy

Grumpy_chap said:

I am not sure I agree with your view about the need for planning permission.  PD rights for outbuildings have been very generous for many years.  Obviously, neither of us have sufficient knowledge on the sheds, garden etc to comment fully in this regard

  Permitted Development rights generally apply to houses - not to flats.

Albermarle

scorpiontongue said:

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 

Maybe I am being cynical, but maybe the freeholder has realised it might be a way to squeeze some cash out of you .

scorpiontongue

Section62 said:

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).

I have checked what requires planning permission and the sheds abide by what is set out in regards to height, total ground they cover, distance from property boundaries etc. 

I wasn’t aware of enforcement action that could be taken however I’ve done some research from your response and from what I’ve read the sheds have definitely been there long enough to avoid any sort of action being taken. 

The lawful development certificate is definitely something I will keep in mind though, thank you for bringing this to my attention! 

scorpiontongue

eddddy said:

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.)

Is a deed of variation the route to go down in this situation in order to amend the lease? I can’t see the freeholder turning down the opportunity of making some easy money.