Freeholder demanding removal of sheds

scorpiontongue

Albermarle said:

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 .

This was my initial thought also. I fully expected them to just demand a fee but I guess the terms in the lease said otherwise. Should they agree to a deed of variation I’m sure they’ll be more than happy to pocket some cash! 

Section62

Grumpy_chap said:

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.

The only knowledge needed in this case was the OP's property is a flat:  Class E permitted development rights apply only to dwellinghouses. Flats are not included in the definition of 'dwellinghouse'. (ditto for maisonettes)

Section62

scorpiontongue said:

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......

Unfortunately what you've probably read (the 'permitted development' rules) only applies in some situations.  Firstly the property has to be a 'dwellinghouse'. Secondly the PD rights have to still be in place (the local council can remove them on an individual property or area-wide basis), And thirdly they don't apply to listed buildings.

Your difficulty will be with the first - flats aren't 'dwellinghouses', so never have the permitted development rights you would need for a shed.

scorpiontongue

Section62 said:

scorpiontongue said:

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......

Unfortunately what you've probably read (the 'permitted development' rules) only applies in some situations.  Firstly the property has to be a 'dwellinghouse'. Secondly the PD rights have to still be in place (the local council can remove them on an individual property or area-wide basis), And thirdly they don't apply to listed buildings.

Your difficulty will be with the first - flats aren't 'dwellinghouses', so never have the permitted development rights you would need for a shed.

I certainly wasn’t aware of how little rights you have just for living in a flat! I’ll be a lot more cautious going forward. Hopefully a deed of variation can resolve this. 

Hoenir

How many sheds do you have and for what purpose are they used for? 

NameUnavailable

If the garden is for your sole private use it seems odd that the freeholder is bothered about this BUT we don't know how big the garden is nor how big the sheds are.

Clearly they feel the need to enforce the lease now for some reason (which would make me wonder if a neighbour has complained).

There's nothing you can do to force the issue so speaking to a solicitor is not really going to help you. You can ask the freeholder nicely if there's any way for you to keep the sheds, but if they say no then that's the end of the matter and you need to remove them.

scorpiontongue

NameUnavailable said:

If the garden is for your sole private use it seems odd that the freeholder is bothered about this BUT we don't know how big the garden is nor how big the sheds are.

Clearly they feel the need to enforce the lease now for some reason (which would make me wonder if a neighbour has complained).

There's nothing you can do to force the issue so speaking to a solicitor is not really going to help you. You can ask the freeholder nicely if there's any way for you to keep the sheds, but if they say no then that's the end of the matter and you need to remove them.

I can assure you the garden is a very, very good size and the sheds only take up about 1/6 of the garden at the absolute max. 

My only assumption is because the lease does not have long left on it they are looking to claw some money out of me as I haven’t renewed it yet. If this is the case they certainly haven’t made it obvious as I thought they would perhaps propose a deed of variation, not a straight up response to remove the sheds. 

Eldi_Dos

A relative recently woke up to find a homeless and disorientated person have moved some equipment out of shed and had went to sleep in it, they could not be roused,so concerned for their safety police were called, officers who attended said they would take chap to a hostel and that they had been getting more and more calls of this nature.
May be freeholder is aware of similar trend and is trying to pre-empt any possible issues.

jimbog

scorpiontongue said:

NameUnavailable said:

If the garden is for your sole private use it seems odd that the freeholder is bothered about this BUT we don't know how big the garden is nor how big the sheds are.

Clearly they feel the need to enforce the lease now for some reason (which would make me wonder if a neighbour has complained).

There's nothing you can do to force the issue so speaking to a solicitor is not really going to help you. You can ask the freeholder nicely if there's any way for you to keep the sheds, but if they say no then that's the end of the matter and you need to remove them.

I can assure you the garden is a very, very good size and the sheds only take up about 1/6 of the garden at the absolute max. 

1/6 of a very large garden being  covered by sheds is impressive. Do you have a photo?

Albermarle

jimbog said:

scorpiontongue said:

NameUnavailable said:

If the garden is for your sole private use it seems odd that the freeholder is bothered about this BUT we don't know how big the garden is nor how big the sheds are.

Clearly they feel the need to enforce the lease now for some reason (which would make me wonder if a neighbour has complained).

There's nothing you can do to force the issue so speaking to a solicitor is not really going to help you. You can ask the freeholder nicely if there's any way for you to keep the sheds, but if they say no then that's the end of the matter and you need to remove them.

I can assure you the garden is a very, very good size and the sheds only take up about 1/6 of the garden at the absolute max. 

1/6 of a very large garden being  covered by sheds is impressive. Do you have a photo?

Yes, I have a medium sized suburban garden, with two medium sized sheds. I estimate the sheds take up about 1/15 th of the garden.