Freeholder playing hardball breaking bicycle locks!

Freeholder playing hardball breaking bicycle locks!

9:24 AM, 5th September 2016, About 5 years ago 12

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I have two flats in a 1930’s block of 120 ish. The Freeholders have given less than 24 hours notice (I don’t know how the notice was served as I heard nothing and neither did my tenants) to remove bikes from an area historically used as a bike store. There is a policy in place with the management company and permits have been issued – not all the bike users have subscribed to this. The reasons given by the Freeholders is that it is the Fire Service that has instructed this – they haven’t provided any proof and having spoken to them (Fire people) they say that they haven’t issued the information.bicycle locks

The bikes were removed by the Porter and are now elsewhere, as it is holiday time many residents had no idea this was happening and I only knew from the residents association and I’m not sure how they found out – probably from the porter.

Couple of questions – the locks have been broken to remove the bikes, can this legally happen and having issued a permit to be there how can the management then give hours notice to remove and not provide another space.

We have been told that now the bikes have been removed they cannot be replaced.

The residents are at odds with the Freeholders for various issues – and are making the move to buy the Freehold, I’d sat that this is just the Freeholder throwing out distractions, it just adds to the list.

Many thanks

Elizabeth



Comments

by S.E. Landlord

17:39 PM, 5th September 2016, About 5 years ago

It may be the freeholder is playing hardball, but it could also be that the freeholder has had a Health & Safety Inspection carried out and the report says they would cause an obstruction in the event of a fire.

You may be able to claim a breach of quiet enjoyment in that the freeholder provided a facility which has now been withdrawn, if so they should provide an equivalent alternative facility - do they have a formal complaints procedure that you could use.

The alternative is to accept the change and not spend loads of time on a short term problem if you are in the process of buying the freehold.

by Mike

1:14 AM, 6th September 2016, About 5 years ago

Reply to the comment left by "Gary Nock" at "05/09/2016 - 16:50":

Thanks Gary for sacrificing your time to explaining various cases, as I said the law can be interpreted differently by different people at different times differently, for instance if I had a real emergency and wanted to dash out in my car, say if I was on an emergency such as a Doctor being asked to attend a serious incident, seeing my drive blocked, I might not think of the implications of the law, and break a blocking car's window and move it out of my drive's way by whatever reasonable means available to me, short of ramming it, and again if a member of public saw a child left in a car on a hot day, even if not very hot, concerned members of the public may call Emergency services or if they find the child is in immediate danger, they may break car's windows before emergency crew arrives, this also applies to animals (pets) left in a car on a hot day.I think if we all use our common sense, we can avoid such issues. This includes the freeholder who removes bicycles belonging to occupants without giving them adequate notice or warning, so I would consider him in breach of peace, and lacking common sense. You can't suddenly remove parking for bicycles without providing alternative parking area, in case of a new requirement by Fire officers.

Another classic case of HMO licensing, my local council requires that I cannot put more than 2 occupiers of any age, in any one room, so I rent a room to a couple, and the woman falls pregnant within a few months and gives a birth to a baby boy, now what do i do to be on the safe side of the law, give them a notice to leave, or ask them to rent two rooms? when the fact is they won't be able to afford to rent two rooms and an extra mouth to feed. or perhaps I should insert a special clause in my Tenancy Agreement that please do not conceive while occupying this room, as arrival of a new baby would conflict with HMO rules and you will be given a Section 8 Notice. Unfortunately gary, sometimes we have to use common sense and put aside the law, if found in breach of the law, there are mitigating circumstances that i am sure a Jude will consider before deciding on a verdict.


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