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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I an owner occupier in a property with 3 other flats &

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Hi - I an owner occupier in a property with 3 other flats & have share of freehold. My neighbour's tenant is keeping her enormous buggy in our communal hallway - it takes up over half of the width of the hallway and is driving me insane. Quite apart from the annoyance of having it blocking the hallway and making it look a mess, our lease clearly states that nothing may be left in the hallway. As a Director of the Mgt Company & share of freeholder, what can I do to stop her from leaving the buggy in our hallway? Help! Thank you! Sam
Customer: replied 2 years ago.
Is it illegal to contravene the terms of the lease? Can I write to her from our Mgt Company and insist she moves it or it will be removed? Will contravening the terms of our lease affect our buildings insurance? Can we threaten to terminate her tenancy if she doesn't remove her buggy from the hallway? Hope you can help. Thank you! Sam
Hello. If this contravenes covenants in the lease, the management company can indeed complain, but to the owner, not her tenant. She can then tell her tenant to stop causing this nuisance. I assume that all four freeholders are also directors of the management company, so you'll need 3 of you (75%) to agree to write to the other owner to require her to rectify the breach of lease terms. If she refuses, or fails to get her tenant to comply, the company could seek to forfeit her lease, but this would be extreme and I doubt a court would sanction it. More likely, the management company would have to get an injunction to prevent further obstructions and breaches of the lease. Does this help? WB
Customer: replied 2 years ago.
Dear WB - thank you - yes, all 4 owners share the freehold and are all co-directors of the mgt company. Can the Mgt company not write directly to the tenants? Will contravening the terms of the lease invalidate our buildings insurance? thx, Sam
Thanks. The breach of the lease will not invalidate your insurance, but the insurers may have concerns if they find out and this is causing an obstruction to a fire escape route. The fire brigade may have a similar concern and that might actually be useful to you if the problem persists. In terms of to whom you can write, the management company has no relationship with the tenant, only the leaseholder. It is her responsibility to sort out the problem, and so you should write to her and ask her to tell her tenant to stop causing this nuisance. Best, WB
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Customer: replied 2 years ago.
ok thanks - that's not really the answer I wanted to hear! I wanted to be able to write directly to the tenant as I have absolutely had enough of squeezing past her bloody buggy - it is driving me insane. But thanks for the advice anyway. Sam
There's nothing stopping you writing to her direct, but her tenancy is with the leaseholder, not the management company, so there's no direct legal relationship to rely on. Good luck anyway!