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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10395
Experience:  I have been practising for 30 years.
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I own my house and pay ground rent to a landlord, he is now

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I own my house and pay ground rent to a landlord, he is now trying to introduce a charge for storing the numerous recycling bins the council has provided each house. The bins are kept in the alley way between houses but still within the ground boundary of my property as my boundary extends to the mid point of the alley way? can he do this

Hello for clarification is your property leasehold? how long have you lived there?

Customer: replied 4 months ago.
Leasehold I he owned the house since 1996
Customer: replied 4 months ago.
leasehold and I have owned the house since 1996

In a word, no, he cannot charge this, not unless there is a provision in the lease which seems unlikely.

However, unless you actually have the right for your recycling bins to be stored in any of the common parts (which belong to the landlord usually) then you actually have no right to stall the recycling bins there and they would have to be put into your property which may or may not be practical.

He has sought to introduce the charge because he thinks it’s a way of making money out of renting part of his property to the various leaseholders.

If you do need this facility because you don’t want these bins in your property, then it’s a case of fixing a fair rent/service charge for that and if you can’t agree on that, then it goes to the Leasehold Tribunal.

You say that the bins are kept in the alleyway between houses. If that alleyway between the houses is within your leasehold area, then I cannot see that he can charge at all.

Check your house insurance to see if you have legal expenses cover that would pay for the legal costs of dealing with this.

Meanwhile, I suggest that you write to him and send a copy of the plan and the lease and the location of these bins and simply tell him that he should take some legal advice because it’s apparent that this location is within your demise and therefore, he is not entitled to charge at all and that as far as you’re concerned, that’s the end of the matter and perhaps he would like to get his solicitors to write to you if they advise him differently.

You will find that many landlords by up freehold blocks cheaply and then try to impose all sorts of charges and be generally difficult to try to entice leaseholders to buy the freehold (usually at inflated prices which are not actually worth contesting in the Leasehold Tribunal) to get rid of them.

Here is some reading on buying the freehold: https://www.lease-advice.org/faq/i-own-a-leasehold-house-how-do-i-buy-the-freehold/

Depending on the wording of the lease on the ground rent you pay it’s very often not worth buying the freehold of a house particularly if the house is prewar

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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