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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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At the flats where I live, 32 are rental and a converted house

Resolved Question:

At the flats where I live, 32 are rental and a converted house have 10 leasehold flats. There appears to be some error historically in the leases, resulting in the leaseholders now believing after 10 years that they should not be sharing the communal lounge and laundry facilities with the tenants. The housing association are making moves to rehouse these in a cabin. We live in a conservation area, and it could mean planning permission will not be granted. They will be reducing the area considerably. We had access to a guest room for relatives to stay, it is situated n the house, but that was withdrawn for us to use, immediately the announcement was made.
Do we have any rights to stay in the current situation. We have got a copy of a lease from Land Registry, and cannot see anywhere, that the leaseholders have exclusive use of communal facilities.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask what rights if any are contained in the lease regarding use of common facilities. You say there is no exclusive right but is there a non exclusive right to use in common with others?

Customer:

Hello Joshua

Customer:

The house leases state there are shared facilities, but do not indicate they are shared with the tenants. It appears out of 10 flats only 2 of them are making a fuss about being mis sold at the outset The plot of land is owned freehoold by Hanover Housing, at the rear there are 2 blocks with 32 flats all rental, at the front the original house has been converted to make 10 leasehold flats. The laundry

Customer:

guest room and lounge are within the boundaries of the house. They are housed in an extension on the rear of the house that was added when the conversions were done in 2002. Hanover are looking to put an 8mx4m cabin at the rear of the the land. This will hugely reduce the sitting area of the lounge. The Cheltenham Borough Council have not received the plans currently. When I spoke to a planning officer she said because it is a conservation area and flats it would have to be viewed in order to make a decision. I have no power over what happens I am a tenant, and interested to know where we stand

Joshua :

Thanks. Sorry for the short delay. Could you confirm if you rent your property from the Housing Association or whether you own a lease for your property?

Customer:

I rent

Joshua :

Thanks. Do you have a written tenancy agreement?

Customer:

Yes but it is a bit generic, and doesn't indicate there is any restriction on usage of facilities

Joshua :

Thanks. Does it provide a right to use common facilities and if so does it specify where these common factilites are? Do you happen to have the wording available?

Customer:

Full Size Image

Customer:

Sorry trying to get 2 more pages to you

Customer:

sorry further scans won't deliver

Customer:

COMMUNAL LOUNGE

Customer:

The lounge is available between 7am and 7pm. If a resident's group want to hold an event outside these times, this can be done by arrangement with the estate manager. In an emergency situation residents from Hanover Court may use the lounge out of hours. Entry can be arranged by contacting Hanover on Call,

Customer:

LAUNDRY

Customer:

The laundry is at the rear of the House. Residents are asked not to use the facilities before 7am and after 7pm. Entry to the rear of the House is by fob between the hours of 7am and 7pm. Anyone in the house after hours can exit through the door in the normal way

Joshua :

Thanks. Just reviewing the above.

Joshua :

my apologies for the delay in reverting to you.

Joshua :

Based on what you say, you would appear to have a right to use the lounge and laundry room and as such, such services must be provided by the landlord

Joshua :

Based on the postings you have made, the agreement does not specify specific areas that are for your use but rather makes reference to the facilities that are available. There is reference to the laundry being located at the rear of the house but this does not appear to be specific enough to mean that the landlord would not be entitled to move the laundry.

Joshua :

the main basis for complaint on your part would be if the landlord is removing services and replacing them with substantively inferior services than those which you presently enjoy. If you can demonstrate this is the case, you would have the basis for a claim of breach of contract the loss of amenity in your property. You would need to be able to demonstrate that the proposed replacement is substantively inferior to the present facilities in order to be successful.

Joshua :

if you believe that you can show the above, then you can initially make a complaint to the housing association and if you are not satisfied with their written response, you can refer the matter to the Housing Ombudsman free of charge

Joshua :

http://www.housing-ombudsman.org.uk/

Joshua :

is there anything above I can clarify for you?

Customer:

Thank you for your help

Customer:

Nothing further at this point

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

Thank you

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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