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Madhu Pal
Madhu Pal,
Category: Law
Satisfied Customers: 421
Experience:  Solicitor at HPLP Solicitors
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The new freeholder of an area where I keep bins and have a

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The new freeholder of an area where I keep bins and have a car parking space for 21 years tells me I can no longer keep my bins there. It has been used as a bin area since the 999 year lease started in 1974. There is nowhere else to put them. (I have the upstairs maisonette and am the leaseholder). It does not specify bins in the leasehold but it does specify the car park space. Can they take my bin space away?
Customer: replied 5 days ago.
These people have been doing their best to take away all of my rights and I am fed up with it. They tried to take away my right to have a balcony and evens tried to squeeze out the car park space. I have fought back but this is becoming ridiculous.
Thank you very much

Good afternoon, have you asked the freeholder where he intends for the bins to go if they are not allowed to be kept there?

There must be a communal area where the bins could go?

Also if it is a maisonette are you sure you are not a co-freeholder?

Customer: replied 5 days ago.
Hello thank you for responding
No communal area. It is a maisonette over a single shop.
The freeholder is not being reasonable, they do not care where the bin goes as long as they do not have it as they say it is not on the lease.
I am not a co-freeholder
Customer: replied 5 days ago.
It simply has a car parking area with space for bins including theirs. I believe they thought they could oust me from the area as they ‘owned it’.

I would need to see a copy of your lease to establish the legal position.

Customer: replied 4 days ago.
Hello again
Here is first page of lease and the other page which is the only reference to outside space which refers to car
This has been used by bins for maisonette since the start of the lease (conversion) in 1976
Is it not the case that using it for more than a number of years gives you the right to use ?
I have spoken to waste services at council and they say there is no other place for them to be.
Thank you

It is not necessarily a case of if you have used it for a number of years then it gives you the right to use the space - this may come as a defence should the matter go down the legal route as evidence of your use. Unfortunately because your lease is quite old, the way it is drafted does not provide a specific provision for the bin storage. If the freeholder is not being reasonable to come to a mutual agreement then your only option would be to take legal action and instruct a solicitor in litigation against your freeholder.

Madhu Pal and other Law Specialists are ready to help you
Customer: replied 3 days ago.
Thank you very much for your help.