How to dispose of tenants’ building materials in communal hall?

How to dispose of tenants’ building materials in communal hall?

0:02 AM, 21st June 2023, About 8 months ago 10

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Hello, there is a tenant who has repeatedly used the ground floor communal hall in the block to store large pallets of building materials for his wood floor laying business for weeks on end.

The lease for the long leaseholder excludes storage of anything in the communal hall. The tenant takes no notice of warning letters from the managing agent. The managing agents say they need a tort to allow them to dispose of these building materials and seem to think that is too difficult.

Can anyone provide any advice, please?

TIA,

Jean


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Comments

Kizzie

8:19 AM, 21st June 2023, About 8 months ago

A breach under building insurance and fire regulations leaving the freeholder liable to prosecution.
Why didn’t MA deal with it straight away?
This seems to be a breach of lease terms and requires a determination by the FTT to begin process for service of Section 146 forfeiture notice

Puzzler

8:46 AM, 21st June 2023, About 8 months ago

S146 is a sanction against the leaseholder not the tenant and very unlikely to succeed. The landlord/leaseholder/letting agent needs to inform the tenant that they are in breach of fire regulations and must not use this area for storage or they will be given notice. If necessary supply the most recent fire inspection report - I hope there is one that is no more than a year old, if not the MA should be arranging one

Judith Wordsworth

10:32 AM, 21st June 2023, About 8 months ago

Reply to the comment left by Kizzie at 21/06/2023 - 08:19
Inform his landlord, in writing, that his tenant in breaching the terms and conditions of his leasehold lease and failure to have his tenant remove the items within X (reasonable) days may result in further action and the disposal of these items as causing a fire and building evacuation hazard. This also may make the buildings insurance null and void.

If ignored then tell the Managing Agents they need to sort this urgently as if they don't you hold them jointly complicit and liable should there be any accident, injury or the buildings insurance is null and void

Are leaseholders joint freeholders?

Property Gal

11:39 AM, 21st June 2023, About 8 months ago

Reply to the comment left by Judith Wordsworth at 21/06/2023 - 10:32
Thanks to all for responses. We are not freeholders and that will not be possible as freeholder also owns more than 50% of flats in the block.
The tenant has put his materials in a position where they do not block any fire-escape i.e. outside the caretaker's cupboard. And he has also allowed just enough room for caretaker to squeeze access to his cupboard!

Kizzie

12:49 PM, 21st June 2023, About 8 months ago

Have you purchased a long residential lease for a premium or do you have an assured shorthold tenancy or pay rent?
It does not appear you share freehold interest.
It seems to me the
advice by Judith Wordsworth the best for you.

Property Gal

13:17 PM, 21st June 2023, About 8 months ago

Reply to the comment left by Kizzie at 21/06/2023 - 12:49
I am a long leaseholder.

Puzzler

16:45 PM, 21st June 2023, About 8 months ago

It's not a question of directly blocking a fire escape, since Grenfell it is not permitted to have any combustible material in communal areas. The freeholder will be held responsible so it's in their interest to enforce

Darren Peters

10:26 AM, 24th June 2023, About 8 months ago

Is the communal hall locked to the outside world?

If not I’d be tempted to put a Freecycle advert for building materials giving the address - come help yourself has to be gone by Sunday

Lee Gough

10:45 AM, 24th June 2023, About 8 months ago

Dear Tenant's,

I hope this letter finds you well. I am writing to you today to address an important matter concerning the storage of personal items in the communal hallway of the building.

As you may be aware, we recently conducted a thorough fire risk assessment for the property in order to ensure the safety and well-being of all residents. During the assessment, it was brought to our attention that personal belongings and other items are being stored in the communal hallway, which poses a significant fire hazard and tripping hazard.

I must emphasize that storing items in the communal hallway is strictly prohibited according to our tenancy agreement and, more importantly, it compromises the safety of everyone residing in the building. In the event of a fire or emergency, blocked hallways can impede evacuation routes and hinder the swift response of emergency services.

To maintain a safe living environment for all residents, I kindly request that you refrain from storing any personal items or belongings in the communal hallway. Please ensure that all your possessions are stored within your own living space or designated storage areas provided by the building management.

If you require additional storage space or assistance with organizing your belongings, please do not hesitate to reach out to us. We are here to support you and find suitable solutions to accommodate your needs while prioritizing the safety of everyone in the building.

I kindly ask for your cooperation in this matter. Let us work together to create a secure and comfortable living environment for all residents.

Thank you for your attention to this important issue. Should you have any questions or concerns, please feel free to contact me. I am available to discuss this further and provide any necessary clarification.

Kind regards,

Kizzie

11:25 AM, 24th June 2023, About 8 months ago

Yes perhaps I would have put in time limit ie 10 days otherwise it will be disposed of.

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