Help! Management company confiscated property from communal areas in block of flats

[Shizzy]

Reposted from Chat - can anyone advise?

Does anyone know if a property management company can confiscate residents' personal property left in communal areas in a private block of flats?

I own a flat which I rent out. My tenants have been in contact absolutely distraught as without any notice, the management company have sent people around and removed items left in communal areas (buggies on the ground floor, shoes left outside front doors etc). Can they do that? Yes, there are signs on the ground floor saying don't leave buggies here but no notice has been given to me or the tenants saying they'd be removing property. The company has said they'll give them back but it'll cost £100 to get them from storage.

Is this legal?

[SantasLittleMonkeyButler]

If there is a rule that nothing should be left in communal areas then I would imagine they are within their rights.

I don't know though - hopefully a legal bod will come along soon.

[KleineDracheKokosnuss]

If they know in advance, including how much they would have to pay to get things back (is it in their contracts?) then yes it's probably legal. But otherwise you might be able to threaten to sue for the tort of conversion (wrongfully taking possession of goods)?

en.wikipedia.org/wiki/Conversion_%28law%29

[Shizzy]

Thank you Kleine. I own the flat and I've not seen anything re: this point in any paperwork from them. All I get is invoices from them - nothing else.

[Seabright]

It's a standard clause in leases to say nothing must be left in or obstruct the communal areas. If people breach this clause in the lease, the stuff will be removed.

[clam]

So, there are notices saying that no buggies are to be left in the hallways, yet your tenants and others ignored them and left buggies in the hallways regardless?

[Shizzy]

I'm confused. The lease with whom? My flat has a 994 year lease and I own a share in the company that owns the freehold. Neither of these have anything to do with the property management company. I've got the lease and checked it and can't see any clause about this. My lease with my tenant has nothing to do with the management company either.

[Shizzy]

Yes clam they did. No defence there on that point but I still think it's really heavy handed to do this. I along with other flat owners appointed this management company to look after the property. I understand that they need to enforce health & safety and considerate behaviour but I just think that they should have given notice. They don't own the building - myself and other flat owners do.

[TheBogQueen]

You need to phone the company.

They cannot extort £100 from your tenants. I should imagine there us nothing in the contract? No warning or suggestion they might do this?

You need to phone them and ask them to show you the paperwork fir thus. They are overstepping themselves.

Then phone 101 and tell them property has been stolen from hallway

[SantasLittleMonkeyButler]

Give your later posts - explaining that you & other tenants own the building & the management company are employed by you - I would ask them what authority they are acting on?

Surely the owners of the building would have to instruct or at least agree with this policy?

[TheBogQueen]

And taking buggies? Ffs

[Shizzy]

Exactly as you've said TheBog. No notice, nothing in any contract.

[GloriousGoosebumps]

You need to study the terms of the lease and also look at the contract given to the Management Company. If you can find nothing relevant in either document then write to the Management Company and ask them to provide you with details of their authority for (1) removing the items and (2) charging for the return of the items. Your letter should give them a reasonable time to respond to your letter and inform the Management Company that if they do not respond you will report the matter to the Police and may also take civil proceedings for the return of the items and damages. Send the letter by registered post.

[Tony5]

It’s important to understand that you have a share in the freehold, most likely owned by a company you have set up. Therefore, as a shareholder you cannot simply ignore your Lease, even if it’s a 994 years.

Your Lease is your Agreement with the Freeholder for the long term use of their property. Your tenant has a tenancy Agreement which effectively gives them legal charge of your flat. This doesn’t negate you and them from complying with the Lease.

Your managing agent can and there are cases where they can be held criminally liable with the freeholder for breaches of health and safety and fire risk assessments, so they have every right to remove items stored in communal areas. Though, they ought to inform leaseholders and give them opportunity to remove their items.

A Fire Risk Assessment is required at least every 5 years, with annual documented reviews to show consideration has been given for ongoing risks.

You have to think about a smoke filled communal area and the hazard this will cause to residents and emergency crews as they try to get out and crews coming in with equipment.

I’d take it when you bought your flat, the estate agent would have given you a break down of your floor space. Your solicitor is also likely to have highlighted the area that belongs to you. How would it be fare to other shareholders if some are allowed extra space or take extra space ?

Living in shared property is all about having to be considerate to others and that’s why a Lease exists.

I’m a leaseholder that owns a share of the freehold and has the difficult task of running our building with a managing agent. I hope you can understand the obligations for both sides and will be able to work with your managing agent and your tenant to keeping everyone safe.

[prh47bridge]

ZOMBIE THREAD. This thread is 5 years old. I doubt the OP still needs help with this issue.

[Jasmine91]

Had the same issue, but all the items removed from the loft classed as a ‘communal area’ where disposed of without issuing any notice. Items disposed of included photo albums & wedding dress!!

[Ary12]

Hi, I’m really in a bit of a situation, I’ve been using a bike storage room in a block of five flats for storage of bags etc. it’s been used for this for a year and all the residents are aware and don’t have a problem with it.

For once, I left a bag containing a BRP and laptop as well as cases of clothes I was going to take home and it has all disappeared. The management company claim the contractors have disposed of it but I really need these items asap.

I’m really in a panic as I was travelling the next day and needed the BRP from the bag. Does anyone know, can the management just throw things out like this with no notice at all. The room has boxes with my name and address on it. I’ve been reading the law and this situation seems like I’m in the right but the management company are proving tough to deal with.

These were very obviously not waste products and I don’t know how they can just discard them without any consent. Any help would be much appreciated!