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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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Hi, Some new tenants moved into the downstairs flat and a

Customer Question

Hi,
Some new tenants moved into the downstairs flat and a few months ago asked if they could put a mail catcher on the front door. I agreed as long as it didn't affect my post, so they put it on. Day one of it being there the postman rang the door bell complaining that he couldn't deliver a package as the mail catcher was in the way.
After about a week of arguing the new leaseholder removed it because 'it didn't go with the door.'
Then about a month ago a new one appeared on the door. I immediately protested that he had no right to make changes without consulting me. My argument is based on the fact that the contract explicitly states that the hallway is a 'common area'
He argued that as the owner of the hallway ( he is, the plans of his flat say he owns the hallway. ) he can do what he wants. He claims that the common area clauses of the contract do not apply to him as the owner and that my only say in anything that he chooses to do is to tell him when I will pay half the costs.
As far as I understand it his actions and arguments are explicitly at odds with the definition of a 'common area', a definition that he agreed to abide by when he signed the contract.
Am I correct in this or is he free to impose whatever he wishes?
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

What type of contract do you have?
Expert:  Nicola-mod replied 4 years ago.
Hello,

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Nicola