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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We live in a house of multiple occupancy in London, with two

Customer Question

We live in a house of multiple occupancy in London, with two self contained flats sharing a small communal hallway / entrance. Both flats have a share of freehold The other freeholder is permanently leaving 6-8 pairs of shoes, a shoe rack, dog leads and an umbrella in the small communal hallway. Whilst the individual items are not bulky they can be a trip hazard and it is our main fire escape. Is there anyway to have these items legally removed? Other than removing a broom the other items remain and the freeholder is not responding to formal requests.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have You complained to the landlord, rather than freeholder or the council please?
JACUSTOMER-jbkkybgz- :

We have no landlord. We share the freehold between our two flats

JACUSTOMER-jbkkybgz- :

I have not complained to the council as this is not a council home

Alex Watts : Ok, but if it's a HMO won't they licence it?
JACUSTOMER-jbkkybgz- :

It's not a house share as we do not share facilities. They are two entirely self contained flats. we have the downstairs and they have the upstairs

JACUSTOMER-jbkkybgz- :

We are an HMO category F

Alex Watts : Ok. What you can do is write to them and ask them to stop otherwise you will seek a court order.
Alex Watts : If they refuse then you can see a local solciotor who can write and ask them to stop, otherwise you will seek a court ordrt.
Alex Watts : If they refuse then you can issue proceedings. You will need to complete forms n1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And n16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court will list the matter for hearing and decide whether to grant an Injunction.
Alex Watts : If contested the court may give directions and set the matter down for a final hearing.
Alex Watts : If granted and breached then the residents can be warned, fined or sent to prison
Alex Watts : This is because it is contempt of court to ignore a court order.
Alex Watts : You are likely to need a solicitor at the final hearing as this is a court you should have solicitor to present your case.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-jbkkybgz- :

I've been talking to the fire service today and using a communal area and main fire escape as storage is against fire regulations. As such do I have to go to a solicitor still?

Alex Watts : Yes because the effect is likely to be the same, a court order if they refuse
Alex Watts : But you don't have to, you could represent yourself.
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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