Fence in Communal Garden/Breach of Cov/Gratuitous Licenses

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Fence in Communal Garden/Breach of Cov/Gratuitous Licenses

Post by mowgli24 » Thu Jul 07, 2011 7:16 pm

I'm a leaseholder in an estate in London. The estate is 40% lh, 60% tenants. The estate is split up into two parts, lets call it A&B for this purpose.

Block A: Maisonettes. Ground Floor, and 2nd Floor. Ground Floor maisonettes have private front and rear gardens.

Block B: studios/1 bedroom. Ground floor has communal gardens to the rear, 1st Floor has access to the rear communal gardens.

I live in Block B. Up until the past year, only residents in Block B had access to the gardens to communal gardens to the rear of Block B. In order to access Black B, there are gates with keyfob access, which only Block B has the ability to access with the fobs. I have legal entitlement to this area in my lease, and can show legal entitlement for 3 leasehold flats in Block B on 1st Floor.

My estate decided to erect a two metre wood fence in the rear communal garden of Block B making this a private bbq area. The area takes up 1/3 of the total area of this rear garden. They have stated all residents Block A & B have access to this area. When we ask who decided to erect the wood fence, the estate management (TMO) refuse to respond. They also refuse to inform us when the key fob access changed to enter Block B, and who made the decision. They were previously warned by the Housing Authority and residents on the legal ramifications of enabling key fob acess to Block A to Block B due to leaseholder recharging for the key fob security system.

The Housing Authority have already stated that they can't produce evidence that all residents, Block A&B have legal entitlement to this newly created private bbq area.

The Housing Authority state all residents (Block A&B) have access by way of a gratuitous license. I've asked the Housing Authority to supply me with such documentation stating all residents have access to this private bbq area by way of gratuitous license. They have come back to me and said there is no such written documentation.

I was under the assumption that you can either have a lease, or license, but not both. If these gratuitous license exist, then what's the point of leases? Why didn't Block A have access to Block B, if these gratuitous licenses did exist. I'm assuming that would mean they could access and use the area legally, without trespass?

I also have no fence, or private bbq area respresented in my lease. No communal areas were fenced off on the estate previously. The only gardens with fencing are the the private front and rear gardens on Lease Plans for ground floor dwellings on Block A. The Council/Housing Authority have stated the erection of the fence is a breach of my lease. There was no consultation with residents, and the TMO breached their MMA. I've spent money and time, with the assistance of a solicitor and requested to all parties to remove the fence and make the garden communal, not private. Then, work out the use and legal entitlement. All parties are refusing to remove the fence, even though all the particulars for the removal of the fence are clearly stated in correspondce from the Council/HA to the TMO.

Any advice, help, input would be greatly appreciated

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