Security Gate
Submitted by Omar123 on Fri, 13/08/2010 - 15:33
Hello,
I live in a building that has a total of four flats. The entrance has a staircase leading to a upperlanding where the front doors are to enter the property. Unfortunately the secluded area of the landing is being used by drug dealers, drug takers, prostitutes and a public toliet.
The freeholder has been approached for permission for the residents to be allowed to install a security gate, however he is refusing.
What legal action can I take to force he to allow the installation.
Regards
OS
http://www.thelawforum.co.uk/
http://www.thelawforum.co.uk/security-gate-freeholder-blocking-residents-risk#comment-701
thanks for the reply, Can
thanks for the reply,
Can you clarify the exact legislation I need to quote? Also please clarify "sue". Do you mean an injunction? or a small claim? or something else?
thanks
Omar
Sorry for the delay
Sorry for the delay here.
Your lease will contain a covenant by the freeholder which promises you "quiet and peaceable possession" of the premises subject to the lease.
If the freeholder is allowing undesirables to congregate on his property to your detriment then it is definitely arguable that the freeholder is in breach of his obligation.
At this stage you should write to him pointing this out saying that if nothing is done you will be applying to the court for damages.
Try this first and then come back here after you have a reaction from the freeholder.
Good afternoon, thank you for
Good afternoon,
thank you for your response. Unfortunately the freehold and manageing agent are one and the same (a 98 year old ex-laywer). The subject has already been through the LVT where the freeholder was instructed to "take serious consideration regarding installing a security gate". I have tried the peaceful enjoyment thret and he basically just ignors the email. I hate to say it, but legal action is the only way. As I write this I am putting together a case against the same person as he is sueing to obtain a right to build a fire exit through my property.
Please can you advise on my next step / cause of action to legally force a security gate. Maybe a declaration from the courts? If so how would I do this and what would it cost?
many thanks
Omar
You should issue a claim for
You should issue a claim for damages based upon the breach of covenant.
You could assess those damages at a figure which would at least cover the cost of installation of the gates.
This the form you should use.You should set out your case in detail.
Unfortunately the forum cannot prepare the proceedings for you.