Question 1

Banned from Gardening

Accepted Answer

Q: Our development comprises two types of properties: one section is made up of flats for which all the residents pay rent to a housing association (our landlord); the other section is a block of flats which are sold leasehold on the open market. Both sections are for the "over 60's". Our Board of Directors now feels they are no longer qualified to control the day to day running of the properties, due to “new rules and regulations" being imposed upon this type of housing. They announced in January that they are in the process of handing over the running to an outside company. It appears that this company runs several properties in this part of the country all of which seem to concentrate more on not only older residents, but "vulnerable" and therefore are starting to impose more restrictions. They have already made redundant our "live-in" staff, which has caused much upset to the residents, and are planning to install a "call system". We as leaseholders, are upset because we feel that the "ethos" and atmosphere of our flats which in all cases is why we bought into this development, is being spoiled. Last year a couple bought a flat here, having sold their much loved home. Part of the husband's pleasure is the fact that we have been encouraged to "potter" in the gardens if we so wish. He has enjoyed adding plants and generally tidying the area near his flat. He told me last week, he has now been told that due to "health and safety" he is no longer allowed to do his gardening. He is now unhappy and wishing he had not come here now, as am I! Can they impose this restriction on residents in the leasehold section, if it doesn't state so in our leases? A: FPRA Committee Member Shaun O’Sullivan replies: Although I sympathise with your situation and understand the disappointing of some of your residents, the issue you raise goes to the heart of leasehold living. The whole property is owned by the freeholder (landlord) who has (in the case of those who have bought their flats) granted leases (for a premium and for a certain number of years) in respect of individual apartments. However, the common areas and gardens remain in the ownership of the landlord who will grant certain rights or easements over such areas. In your particular case (and as would be the case in all residential leases albeit with marginally different wording) leaseholders (tenants) have, in accordance with the lease been granted the right to use the entrance halls, drives, paths, gardens, paths etc ‘subject to such rules and regulations………as the landlord may from time to time prescribe.’ So, although residents have been given the right to gain access to their flats through the entrance halls and to use the gardens for their enjoyment, this would not normally extend to actually undertaking gardening which would rest with the landlord or his agent with the cost of so doing being met through the Service Charge. One of the dangers of allowing residents to undertake gardening is that what one resident might like might not sit well with another! And if residents took it upon themselves to place pots in the communal garden that could pose a risk to residents / visitors and could compromise the block insurance coverage. Question submitted February 2018

Question 2

Banned from Gardening

Accepted Answer

Q: Our development comprises two types of properties: one section is made up of flats for which all the residents pay rent to a housing association (our landlord); the other section is a block of flats which are sold leasehold on the open market. Both sections are for the "over 60's". Our Board of Directors now feels they are no longer qualified to control the day to day running of the properties, due to “new rules and regulations" being imposed upon this type of housing. They announced in January that they are in the process of handing over the running to an outside company. It appears that this company runs several properties in this part of the country all of which seem to concentrate more on not only older residents, but "vulnerable" and therefore are starting to impose more restrictions. They have already made redundant our "live-in" staff, which has caused much upset to the residents, and are planning to install a "call system". We as leaseholders, are upset because we feel that the "ethos" and atmosphere of our flats which in all cases is why we bought into this development, is being spoiled. Last year a couple bought a flat here, having sold their much loved home. Part of the husband's pleasure is the fact that we have been encouraged to "potter" in the gardens if we so wish. He has enjoyed adding plants and generally tidying the area near his flat. He told me last week, he has now been told that due to "health and safety" he is no longer allowed to do his gardening. He is now unhappy and wishing he had not come here now, as am I! Can they impose this restriction on residents in the leasehold section, if it doesn't state so in our leases? A: FPRA Committee Member Shaun O’Sullivan replies: Although I sympathise with your situation and understand the disappointing of some of your residents, the issue you raise goes to the heart of leasehold living. The whole property is owned by the freeholder (landlord) who has (in the case of those who have bought their flats) granted leases (for a premium and for a certain number of years) in respect of individual apartments. However, the common areas and gardens remain in the ownership of the landlord who will grant certain rights or easements over such areas. In your particular case (and as would be the case in all residential leases albeit with marginally different wording) leaseholders (tenants) have, in accordance with the lease been granted the right to use the entrance halls, drives, paths, gardens, paths etc ‘subject to such rules and regulations………as the landlord may from time to time prescribe.’ So, although residents have been given the right to gain access to their flats through the entrance halls and to use the gardens for their enjoyment, this would not normally extend to actually undertaking gardening which would rest with the landlord or his agent with the cost of so doing being met through the Service Charge. One of the dangers of allowing residents to undertake gardening is that what one resident might like might not sit well with another! And if residents took it upon themselves to place pots in the communal garden that could pose a risk to residents / visitors and could compromise the block insurance coverage. Question submitted February 2018

Banned from Gardening

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