Leaseholders responsibility for removal of possessions?

by Readers Question

10:26 AM, 18th March 2016
About 3 years ago

Leaseholders responsibility for removal of possessions?

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Leaseholders responsibility for removal of possessions?

Does anyone have any specific information regarding a very irritating situation that a block of 42 flats has found itself in with regards to the refurbishment of the block.awkward

We are quite an important and prestigious block who have agreed works and pretty much ready to go and now one leaseholder is raising issues – a day before the s20 notice expired. Most can be dealt with but what is worrying is that he is insisting that items – heavy garden planters and furniture on his terrace should be removed at the cost of the service charge, he is estimating this to be 10’s of thousands £ relating to the cost of putting them on the terrace in the first place. The management/freeholders have informed him that it is at his cost but he has come back to say that he is allowed quiet enjoyment of his terrace and the freeholder is allowed to carry out works with as little inconvenience as possible and if it was to be that the leaseholder needed to clear the area then this should be stipulated in the lease – and it isn’t.

I’m staggered by the man’s cheek, but with the way legal wording goes – and it does seem now that he has had some legal advise – concerned that the rest of us will be lumbered with the costs of moving planters etc (and pay to store them) that it actually says in the lease he’s not allowed to have (?) but this has never been challenged by the Landlord.

While this goes on the works are being even more delayed than they already are, the building is in poor shape due to previous in fighting (this leaseholder was involved then) and works needed 4 years ago were not carried out and the building is suffering from many leaks and damage due to the delays in carrying out with work – and the other leaseholders will be paying for the legal comments that will need to be sought to respond. In my view unnecessarily.

Elizabeth



Comments

Puzzler

15:22 PM, 19th March 2016
About 3 years ago

I cannot help you myself but try Leasehold Advisory Service help line, they have solicitors who may be able to help

Harlequin Garden

16:24 PM, 19th March 2016
About 3 years ago

Thanks for the reminder - where was my brain! I've used them for some other issues with the leases on this job, the leases are very weak and some are clearly taking advantage of it.

S.E. Landlord

17:20 PM, 20th March 2016
About 3 years ago

If the lease does not allow them to be there I would think that could be used to make him remove them at his expense.

It is unlikely that the lease allows the service charges to be used to pay for their removal and storage - check the wording on this. Also if you were to agree I think you would probably have to reissue the Section 20 to take account of this cost and other leaseholders may then object.


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