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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 778
Experience:  Experienced solicitor
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We own a share of the freehold lease property which consists

Customer Question

We own a share of the freehold lease for a property which consists of a total of 5 freehold flats. We let this flat out to a council tenant. Our tenant enjoys gardening and for the past 4 years has used the communal garden to plant flowers and vegetables. At the initiation of our tenants residency at the property I attended the property to discuss and agree the scope of area and use of the garden to ensure all parties we aware of our tenants activities. Recently an issue with one of the other freeholders arose with our tenant over the removal of a rose bush which our tenant had purchased and planted. The freeholder took issue when his error was pointed out and has initiated a campaign to gain agreement of the other freeholders of the property to impose restrictions on our tenants use of the communal gardens. I have attended the property in an attempt to resolve the issue and have the support of several of the tenants and freeholders who are at a loss to understand what the justification for these restrictions and do not support any changes to the original agreement. The freeholders who have demanded the restrictions be put in place have claimed they have a right to do so as they represent three fifths of the shared freehold and as such represent a majority vote. I would like to know what rights we have to protect my tenants use of the communal gardens in this instance and what rights we have as freeholders to determine and agree this usage.
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

I ma not sure what you mean by freehold lease. Do you mean you have a long lease for a particular flat and are a joint freeholder for the entire building?

Customer:

As far as the use of the gardens is concerned this will be governed by the terms of the long leases of the property ( if I am right about the way the property is held). You should look at the lease to see what is said about use of the garden? Let me know what is sad and I may be able give further answers.

JACUSTOMER-0vsxca21- :

The lease states that the communal garden is owned in equal shares by all joint freeholders of the property and that the communal garden is to be used for recreational purposes only, I can provide a copy of the lease if necessary.

JACUSTOMER-0vsxca21- :

To clarify the type of ownership. As you have indicated, we have a long lease for a particular flat (flat 1) and are a joint freeholder for the entire building.

Customer:

Recreational purposes probably does not include growing vegetables. I would think that if the whole garden is joint for recreational purposes, then if your tenant wants to plant things then he will need the agreement of the other leaseholders.

Customer:

Irrespective of the legal rights here, if other leasholder/freeholders want to frustrate the gardening ambitions of your tenanat that will not be difficult in practical terms. What is the extent of his gardening?

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