Tweet
Hi. If I'm covering ground that's already well travelled my apologies, please re-direct me.
I entered into a Tenancy Agreement for a flat about 6 months ago. It's a terraced house that has been divided into flats and my flat is on the ground floor.
The ad for the flat advertised 'direct access to a terrace', the plan showed a terrace as part of the property, the lettings agent took me out onto the terrace and said how lovely it would be to go outside during Covid / to entertain after Covid. It's a big terrace (26'x23') and this is central London so it was a signficant inducement to take the flat.
I live on the ground floor, this terrace is the roof of the lower ground floor flat.
I received messages from the building society (via my LL) to remove my garden furniture from the roof terrace. The messages originally said it was because of building works. I agreed to let my landlord take my garden furnture away for storage while the building is making repairs to the roof.
Now, I've learned that the terrace is undemised. The LL doesnt seem to have any legal rights such as an easement to use it. And he doesnt have the consent of the builing (presumably they jointly own it as freeholders). He's also told me that the building opposes the use of the roof as a terrace because the structure isnt reinforced for that purpose.
The tenancy agreement includes a requirement that the LL obtains necessary consents from other landholders / mortgagers etc. But I would assume that the LL advertising the terrace that I cannot use bc he doesnt hold the necessary rights is also misrepresentation at law.
I had issued a letter on March 26th asking for my use to be restored by April 5. That didn't happen.
My intention is to now issue a final letter advising that if there isn't a safe terrace to use with all the necessary rights/ consents within 5 business days I will be entitled to issue Notice to Quit. Does that sound right?
And how much notice am I obliged to provide under Notice to Quit?
Thanks very much for your advice.
I entered into a Tenancy Agreement for a flat about 6 months ago. It's a terraced house that has been divided into flats and my flat is on the ground floor.
The ad for the flat advertised 'direct access to a terrace', the plan showed a terrace as part of the property, the lettings agent took me out onto the terrace and said how lovely it would be to go outside during Covid / to entertain after Covid. It's a big terrace (26'x23') and this is central London so it was a signficant inducement to take the flat.
I live on the ground floor, this terrace is the roof of the lower ground floor flat.
I received messages from the building society (via my LL) to remove my garden furniture from the roof terrace. The messages originally said it was because of building works. I agreed to let my landlord take my garden furnture away for storage while the building is making repairs to the roof.
Now, I've learned that the terrace is undemised. The LL doesnt seem to have any legal rights such as an easement to use it. And he doesnt have the consent of the builing (presumably they jointly own it as freeholders). He's also told me that the building opposes the use of the roof as a terrace because the structure isnt reinforced for that purpose.
The tenancy agreement includes a requirement that the LL obtains necessary consents from other landholders / mortgagers etc. But I would assume that the LL advertising the terrace that I cannot use bc he doesnt hold the necessary rights is also misrepresentation at law.
I had issued a letter on March 26th asking for my use to be restored by April 5. That didn't happen.
My intention is to now issue a final letter advising that if there isn't a safe terrace to use with all the necessary rights/ consents within 5 business days I will be entitled to issue Notice to Quit. Does that sound right?
And how much notice am I obliged to provide under Notice to Quit?
Thanks very much for your advice.
Comment