View Full Version : tenancy does not mention property leasehold rules
25-02-2006, 08:43 AM
I am currently renting a flat privately, which is managedby an agent for the landlord. However as the property is within a development, that is managed by another company I have not agreed to abide by any of their terms and conditions. My tenancy agreement does not mention any regulations on the use of the car park and the rules regarding second cars and parking. I have recieved a letter from the Property management company(not the landlord's agent) regards my campervan which is parked in the carpark. This states that Campervans and caravans are not allowed to be parked within the development and that it needs to be removed. Where do I stand legally as I have never been made aware of this fact either verbally or in writing before this point. Surely the issue needs to be taken up with my landlord rather than myself? Can the property management company actually enforce this with me(i.e. forcibly remove my campervan), as my tenancy does not mention any such terms? Or would I have to take it up with my landlord?
Having my campervan by my property was major point that swung this property as a favourite for me to select. If it is ruled that I cannot keep it, would the landlord be obliged to allow me to end my tenancy early with no penalties??
I would be grateful for any advice on this matter,
If I can clarify any details, I will if asked.
25-02-2006, 10:49 AM
Regrettably, your landlord has cocked it up! I rent out two properties which are "managed" and leasehold so the relavent clauses from my lease are appended to my ASTs. The lessor should take up your "transgressions" with regard to your camper van with your own landlord who should then approach you as his tenant to rectify same. Unfortunately, your landlord has a problem as he failed to advise you of his lessor's requirements. Under these circumstances the only possible solution appears to be to negociate with your landlord to release you from your AST on favourable terms if the lessor will not relent on his camper van restrictions.
25-02-2006, 11:27 AM
Many thanks for your response. I don't think that the lessor will relent on this one, apparently there has been complaints, (unfortunately it appears to be one of those places that everybody is watching everybodies business!) so I guess I'm looking for somewhere new! I know that this is not an ideal situation, it costs a fortune to move house and there's no where local to store the van which is used on a regular basis!!!
Before you do anything ask to see a copy of the leasehold regulations pertaining to this rule. The reason I say this is that I am part of the Management Company of a block in which I own and let out 5 flats. A lot of the other residents are rather sniffy retirees who are over-cautious about anything which is seen to 'let down the tone' of the property. I have had a couple of the nosey parkers complaning that one of my tenants couldn't possibly park his Land Rover in the car park (too big!), and that one tenant couldn't hang washing outside even though it was in a corner behind a bush, and not visible to anyone except if they were visitng the compost heap.
Our leasehold agreement says that there should be no commercial vehicles, taxis or vans kept in the car park on an ongoing basis, and no car maintenance carries out. Old biddies tend to stretch or interpret the rules to suit themselves, in my experience.
I don't know where a campervan would fit into a rule like this - presumably it's roughly the same dimensions as one as those big people carriers so the line might be somewhat blurred.....
26-02-2006, 06:30 AM
I will check this, but the letter stating it's not allowed came from the property management company, it was not personally to myself, it was sent to all residents and did cover other issues, - parkng in visitors bays etc. but the one point was obviously directly directed at me, saying that the camper van must be removed and does say to check the lease.
I feel really awkward about it really, I do think it is a bit of the "old biddy syndrome" but I obviously never meant to upset people by getting on with my everyday business! I think I might just ignore this letter for now and see what happens next, as I have checked my tenancy again and have definately not signed to agree to any other terms than the ones in my tenancy, which does actually include silly rules about drying clothes!
Out of interest, if I am to dig my heels in over this matter, does anybody know what steps will next be taken and against whom? Can the company come and remove it? Would I have any comebacks against my landord/letting agency (I deal directly with the agency for all matters concerning the property). Oh well, any more information will always be useful!! I'll let you know what pans out next!!
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