Freeholder demanding removal of sheds

Tucosalamanca

OP seems to be intentionally vague about sizes.

My shed probably takes up 1/50th of the garden.

1/6th of a large garden could easily be the size of a shipping container or even bigger.
More details would add some perspective.

scorpiontongue

Tucosalamanca said:

OP seems to be intentionally vague about sizes.

My shed probably takes up 1/50th of the garden.

1/6th of a large garden could easily be the size of a shipping container or even bigger.
More details would add some perspective.

Correct. Given the nature of the situation I am not willing to give specifics away however as I had previously said, collectively the sheds take up 1/6th of the garden at the most.

I say 1/6th at most as I’d rather overcompensate the size of them as although they are bigger than what the lease states it is only by a few feet each way, not a considerable amount. I understand this is still outside of what is stated in the lease which is why my question is now whether a deed of variation will resolve this.

scorpiontongue

Eldi_Dos said:

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.

I’d have to give credit to anyone able to get into the sheds. They are padlocked with more than one lock as well as my garden also being fully gated with high fences and padlocked also. 

It would be so much simpler if that was the case but it just keeps nagging at me when the freeholder informed me they had received a report, I truly can’t wrap my head around it. 

loubel

It will depend on exactly what the lease says. If the lease says no sheds over a certain size without consent then you can request consent - and likely pay a fee for this. If it just says no sheds over a certain size then technically the freeholder doesn't have leeway to grant consent and likewise they can't agree to vary your lease so that it is subject to different covenants to the others. This is because it they will have (most likely) given their own covenant to impose and enforce the same covenants on everyone. If it is another leaseholder who has complained about your sheds being too big then the freeholder is now obliged to do something about it. Sometimes a lease will state that the freeholder can alter regulations at their discretion. You need to read your lease to find out what you agreed to.

Hoenir

Has a neighbour reported you for running a business from the property? 

Tucosalamanca

scorpiontongue said:

Tucosalamanca said:

OP seems to be intentionally vague about sizes.

My shed probably takes up 1/50th of the garden.

1/6th of a large garden could easily be the size of a shipping container or even bigger.
More details would add some perspective.

Correct. Given the nature of the situation I am not willing to give specifics away however as I had previously said, collectively the sheds take up 1/6th of the garden at the most.

I say 1/6th at most as I’d rather overcompensate the size of them as although they are bigger than what the lease states it is only by a few feet each way, not a considerable amount. I understand this is still outside of what is stated in the lease which is why my question is now whether a deed of variation will resolve this.

Good lord, no wonder the freeholder is interested. It must also raise an eyebrow with other residents and neighbours.
'Only a few feet each way' is not an insignificant area, that alone is bigger than most people's sheds.
I'm amazed you've got away with it for so long, not to mention the planning issues that others have mentioned.

I would get prepared to reduce or remove the structures.
It's optimistic to think that a deed of variation will placate whoever has concerns...

scorpiontongue

Tucosalamanca said:

scorpiontongue said:

Tucosalamanca said:

OP seems to be intentionally vague about sizes.

My shed probably takes up 1/50th of the garden.

1/6th of a large garden could easily be the size of a shipping container or even bigger.
More details would add some perspective.

Correct. Given the nature of the situation I am not willing to give specifics away however as I had previously said, collectively the sheds take up 1/6th of the garden at the most.

I say 1/6th at most as I’d rather overcompensate the size of them as although they are bigger than what the lease states it is only by a few feet each way, not a considerable amount. I understand this is still outside of what is stated in the lease which is why my question is now whether a deed of variation will resolve this.

Good lord, no wonder the freeholder is interested. It must also raise an eyebrow with other residents and neighbours.
'Only a few feet each way' is not an insignificant area, that alone is bigger than most people's sheds.
I'm amazed you've got away with it for so long, not to mention the planning issues that others have mentioned.

I would get prepared to reduce or remove the structures.
It's optimistic to think that a deed of variation will placate whoever has concerns...

I’d have to disagree given the fact my neighbours also have sheds in their gardens of a good size and did not consult with the freeholder prior. Upon speaking to numerous people, none were aware you needed permission from the freeholder to have a garden shed, some of these people also have sheds much larger than what I have. 

It very much feels as though I have been cherry picked given the number of people around me who have garden sheds the same size if not bigger. 

Albermarle

A typical shed size is 6' X 8' although you can get smaller and bigger.
10X8 is also popular as a larger size but not excessively big.

scorpiontongue

Hoenir said:

Has a neighbour reported you for running a business from the property? 

Not that I’m aware of however the freeholder did not disclose any information to me other than the fact there had been a report. 

scorpiontongue

loubel said:

It will depend on exactly what the lease says. If the lease says no sheds over a certain size without consent then you can request consent - and likely pay a fee for this. If it just says no sheds over a certain size then technically the freeholder doesn't have leeway to grant consent and likewise they can't agree to vary your lease so that it is subject to different covenants to the others. This is because it they will have (most likely) given their own covenant to impose and enforce the same covenants on everyone. If it is another leaseholder who has complained about your sheds being too big then the freeholder is now obliged to do something about it. Sometimes a lease will state that the freeholder can alter regulations at their discretion. You need to read your lease to find out what you agreed to.

Thank you for this response! It has helped me greatly in understanding where I’m at and the options now available (or not) to me. Obtaining a copy of the lease is my number one priority and then once I’ve read that I’ll go from there.