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Hello. I have a problem with a neighbour. There are 3…

Customer Question
Hello. I have a problem...
Hello.

I have a problem with a neighbour. There are 3 flats in my victorian conversion and I live in the ground floor flat. We are in Lambeth, London. The neighbour in the top floor keeps leaving boxes outside my front door on the ground floor. One large box (a painting) has been in the communal hallway outside my flat for several years. Unfortunately it means that bikes and other items are forced out into the hallway and take up much or most of the walking space. He is not communicative and is not willing to discuss the matter. Ideally the middle flat owner and myself would like to keep the communal hallway totally free, but boxes regularly come and go belonging to the owner of the top flat. Is there anything we can do?

Many thanks for any thoughts!
Submitted: 6 years ago.Category: UK Law
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6/1/2011
Solicitor: INC, Solicitor-Advocate replied 6 years ago
INC
INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11,865
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi,

 

What does your lease state about the use of communal parts?

 

Have you approached the Freeholder?

 

Many thanks,

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Customer reply replied 6 years ago

The freeholder is difficult as well! We would be keen only to approach him as a last resort.

 

The lease says a number of things. one section talks about "keeping clean and lighted teh common parts" and "where appropriate furnish the common parts in such style and manner as the lessors shall from time to time in the absolute discretion think fit"

 

Another section says: teh tenant and all persons authorised by him... at all times and all purposes in connection with the permitted user of the demised premises to go pass and repass over and through the common parts including the main entrance, passages landings hall staircases. (this bit isn't very clear to me I'm afraid!)

 

Not at any time to use or permit the use of either the demised premises or any part thereof for business purposes

 

Not to do or permit or suffer in or upon teh demised premises... any act or thing which may be or become a nuisance or annoyance or cause damage to teh lessors or the tenants of the lessors.

 

17. a) not to use or permit the user of the hall staircase and passages in and about the building or aof anyt other the common parts otherwise than in accordance with the proper exercise of the included rights.

 

17 : to remove forthwith upon being so requried by teh lessors or their managing agents any object of or obstruction by the tenant or his licensee in the common parts and to pay to teh lessors on demand teh cost incurred by them in removing and if appropriate storing the same....

 

that's all i can find about teh common parts. Does this help?

 

Thanks...

 

(but the above is my lease only)

Solicitor: INC, Solicitor-Advocate replied 6 years ago

Hi,

 

All of the leases should have been granted on the same terms.

 

From the information you have provided above, the only clause I can see that will assist you is the following:

 

Not to do or permit or suffer in or upon the demised premises... any act or thing which may be or become a nuisance or annoyance or cause damage to the lessors or the tenants of the lessors.

 

And

 

to remove forthwith upon being so required by the lessors or their managing agents any object of or obstruction by the tenant or his licensee in the common parts and to pay to the lessors on demand the cost incurred by them in removing and if appropriate storing the same....

 

I would suggest you writ to the neighbour and ask him to remove the items in the common parts as they are an obstruction and it is in breach with the terms of his Lease Agreement.

 

If he fails to take any action, I am afraid you will have to get the Freeholder/Landlord involved.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

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Customer reply replied 6 years ago
I have heard there are mediation services that can help in disputes between neighbours. Do you know if they are useful or viable?
Solicitor: INC, Solicitor-Advocate replied 6 years ago

Hi,

 

It is always worth considering mediation services as it is a lot cheaper than going to court, however, you must bear in mind that the result of a mediation is not necessarily legally binding.

 

Mediation is a method whereby you can settle your dispute without having to resort to litigation and the expense of going to court.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

 

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Customer reply replied 6 years ago

Thank you - my last question!

 

As he is very uncommunicative, if we did write to him pointing out his obligations under teh lease and he did not respond, and if we then went to the freeholder, what happens then? Does the freeholder have to take action against him? Or is it something we as the other leaseholders can do? (My fear is that the freeholder would be uncooperative). And presumably that action would be going to court?

Solicitor: INC, Solicitor-Advocate replied 6 years ago

Hi,

 

The Freeholder will have to take action against the other leaseholder. If he fails to do so, unfortunately, it may have to go to court.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC
INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11,865
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Customer reply replied 6 years ago
thanks! Best of luck with your MBA.
Solicitor: INC, Solicitor-Advocate replied 6 years ago

It's a pleasure.

 

Many thanks for the good wishes.

 

I wish you look also. If i can assist further, I would be happy to answer follow up questions in this thread.

 

Kind regards,

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