Permission required - leasehold fence replacement

[stu007]

Hi

 

It's a bit late now after they have gone and pulled the old fence down and erected their own one higher than the original one in place.

 

If that clause is the exact same in their Lease Agreement then it is as it states.

 

If they have exceeded the 1 metre height restriction and not obtained written consent from the Landlord then the Landlord could actually take this as a breach of the lease agreement and could enforce this neighbour to remove this new fence and replace the original fence at the neighbours cost.
 

On the other hand the Landlord may be happy with the new fence as it has cost them nothing irrespective of the above clause

[stu007]

Hi

 

You mention in post#5 your chat with the Director and they mentioned a covenant if there is a covenant in place for these properties what does the covenant say as that changes things and is this Covenant mentioned in any clause in your Lease Agreements?

 

You also mention the Landlord is a Management Company with you alll owning a share and whether you could vote to allow the fence.

 

As you hold a share whe do not have the information on what that entitles you to so that question would be difficult to answer.

 

Do you have a Residents Association set up for Lease Holders at all? 

 

If not have you and the other Lease Holders considered setting one up?

 

Couples of links:

 

How do I form a residents association? - The Leasehold Advisory Service

WWW.LEASE-ADVICE.ORG

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The Federation of Private Residents’ Associations (FPRA) provide guidance on their website as to how to form a residents’ association. They...

 

 

The Federation of Private Residents' Associations

WWW.FPRA.ORG.UK

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The Federation of Private Residents' Associations are a not-for-profit lease advice residential leaseholders, tenants’ , residents’ associations, and RMCs

 

 

[stu007]

Hi

 

I wonder from your last post and specifically your last paragraph if you have Right to Manage in place (I may be wrong as I don't fully know the setup of you leases/Management Company).

 

Have a wee look at this link:

 

Leasehold property: Right to Manage and management disputes - GOV.UK

WWW.GOV.UK

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Leasehold property - leasehold disputes, buying the freehold, service charges, lease extensions and Right to Manage