No longer allowed to have plants on roof terrace

[Guest]

Hi

My Aunty has a Leasehold flat on a second floor. She has lived there since 2015.

She is a keen gardener, but as she is in a flat obviously doesnt have much space to enjoy her hobby, other than her outside roof terrace. Since she moved in she has had a number of plant pots on the roof terrace, and indeed the owner before her had used the same area for plants (the prior owner was in the flat since they were built).

So no problems for the past 5 years+. Now the flat beneath her has damp and they are saying it is because of the plant pots on her roof terrace and she is being told (by the flat management company that all the resident are part of) that she can no longer have plants on her roof terrace, which is a blow given she has nowhere else to enjoy her hobby.

I can't see that this is the cause of their damp given no problems before and i dont feel it fair she is being told what to do in her own flat, particularly as she essentially bought this flat with the understanding she would have that space to enjoy her hobby.

Any advice appreciated.

Many thanks

[lawboy65]

In the first instant you should check your lease to determine if you have the right under the terms of the lease to use the roof garden in the way you have for the past 2 years. The management company may well be within their rights to ask you to remove the pots.
You can request for a copy of the evidence that shows the damp is caused by the plant pots. This will be from a professional company qualified in determining the cause of the problem.
You can get free advice from; https://www.lease-advice.org/
Failure to come to a mutually agreeable arrangement, you have the right to a first tier tribunal under section 168(4) of the Commonhold and Leasehold Reform Act 2002 for a determination.
The cost of this process may not be in anyone’s best interest and may be prohibitive. There is also alternative dispute resolutions available such as mediation which may be preferable if the dispute cannot be resolved.