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LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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I live in a leasehold flat (town house) which is part of a

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I live in a leasehold flat (town house) which is part of a 32 property development. We all have a common lease and I think that we all collectively own the freehold. The properties and communal areas are managed by a LTD company consisting of about 5 directors, all selected from residents within the 32 properties.
The lease shows the demised properties, basically a town house with garage under, and virtually everything else is marked as "communal".
Two families (myself included) have children, the rest are retired.
All residents received a letter two days ago advising that children are not allowed to play in "communal areas" and "particularly the courtyard" (which is part of the "communal areas") whether "supervised or not" . There is nothing in the lease to suggest that this be so.
There is a long history of harassment from the LTD company which may be the topic of a later request, but for now I wonder whether their letter breaches any human rights or discrimination legislation, excluding whatever the lease may say?
Thankyou, Jeremy
LondonlawyerJ :

hello, I am a solicitor with over 15 years experience. I will try to help you with this. I don't think any anti-discrimination or human rights issues arise here. You need to look to the lease and constitution of the management company.


Thankyou for your response, but I am puzzled as to why there is no redress in the two areas mentioned. It would be reasonable to assume that a "communal area" would be "communal" for all and not one particular section of the community.


The lease is very poorly written and has obviously been cobbled together, for instance we cant shake dusters out of the windows or throw out rags, so it harks back to Victorian times rather than modern living.


In respect of the communal areas we have the right to pass and repass over the communal areas and I think that could in a wider sense include "playing" could it not? If there is no mileage in human rights issues etc, in what direction might the best move be would you think? Thankyou.


You have asked me to rate the service and I have not received a reply to my response, thankyou.

LondonlawyerJ :

You will need to look at either the lease or the constitution or other document governing the Ltd Company. If there is nothing in the lease prohibiting play in the communal areas (I assume you mean gardens) then I don't see why yo can not continue to let your children play there. You could contact the Ltd Co and ask why they have put those signs up and with what authority and unitl you get a convincing argument then carry on playing there.



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