Freeholder penalty charges

[SusieSmithers]

Our letting agent has sent us the following email

We have been informed by XX the freeholders that bicycles have been kept in the communal hallway of the property along with other items. I have attached a copy of photos that we have been provided with. I don’t know if the bicycles belong to you or another flat? I will also contact the other flat that we manage. As there has been a breach of the lease there is a fee to pay of £90.00. payable to XX.

There is nothing in our lease warning us about storing items in communal areas and no warning signs in the communal areas. All tenants have stored stuff in communal areas with no warnings before. All stuff has been moved from the communal areas now, are we liable to pay this fine as there was been no previous warnings?

Many thanks!

[Eve]

I take it you rent a leasehold property (flat?) on a tenancy agreement via an agent rather than the owners of the actual flat lease.

If there is nothing you have signed up to for liability for any such charges I would get the agents to doublecheck the origins of and terms of any such obligation and validy of any charge eg in the actual lease of the property itself (not the tenancy agreement) and, if it is a valid charge, who is properly liable eg the owner of the leasehold flat.

It might be that your tenancy agreement refers to abiding by the terms of the flat lease where they may be obligations and penalties. Have you got it to check?

If there is something you have signed up to otherwise agreed to then this should be able to be produced.

Who is the fine from? Is it a management company of the building?

[snorkerz]

Does your tenancy agreement include reference to the 'headlease' - ie the lease between the freeholder and your landlord.
Usually, a flat's agreememnt will do this, and it is up to the tenant to request a copy if they have signed to say they will abide by them.