Security Gate (freeholder blocking) residents at risk

Hello,

I own (longterm lease) a 4 bedroom flat on Brixton Hill in a grade II listed building comprising of 4 flats in total and two commercial properties at the front. Flats are acessed by a short staircase leasing up to an upper landing. As this landing is behind the shops it is compleatly secluded from the street and has therefore (given the area) being used by drug dealers, drug users, prostitutes and people using it as a toilet. The siuation would be easily solved by the instalation of a basic gate, which the council have already indicated they are in principle in full support of. The only problem is the freeholder / manageing agent of the building who owns two flats as well as the commercial shops. He constantly refuses to agree to an instalation and this was brought up in a LVT case a few years ago. However the LVT although was completely unconvinced in he argument to blocking could only urge him to make serious consideration on the matter.

In recent discussions the Freeholder has confirmed his refusal even when I have offered to cover his costs and the last word on the matter he gave his reasons as being he could not be bothered with the hassel.

The tenants of the building are in full support of an instalation as we are all quite fearful that someone is ging to get hurt.

How can I force the freeholder to allow an instalation, is an injunction the way to go?

Regards

 

Omar

 

 

 

It is possible to argue that

It is possible to argue that the freeholder is in breach of his covenant for quiet enjoyment.

This would enable you to sue for damages which could be assessed as the cost of the security gate.

Try that threat on him.

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

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