Legal question re. sheds and bike storage

[TwoWheelsGood]

I'm not looking for a definitive answer since this is (probably) strictly lawyer territory, but any pointers as to the validity (or otherwise) of this claim would be helpful.

I live in a small block of flats which has a communal shed, and have stored a bicycle in that shed for more than three years. However one of the residents is now insisting that I am not allowed to store a bicycle in that shed because the property deeds prohibit the storage of "invalid carriages and perambulators" inside external shed(s) on the surrounding land, and apparently by definition this also extends to cars, motorcycles......and bicycles, plus the shed is supposedly for "gardening equipment only".

Incidentally "invalid carriages and perambulators" are the only named exclusions listed in the property deeds and there is no obvious reference to outdoor sheds being for "gardening equipment only", although there may be a valid reason on the basis of property insurance. Unfortunately I don't have a copy of the deeds easily to hand so can't check the surrounding text for additional information that may support or refute that particular claim.

Any thoughts or comments on this issue will be most welcome.

[fausto copy]

I suppose your neighbour could be technically correct, in extending invalid carriages towards bicycles, given that both are means of carrying persons.
However, without looking at the deeds itself, it is hard to understand what the shed is provided for.
Is there a communal garden to go with the communal shed? If so, this would perhaps indicate that it is to be used for garden equipment, but then, who actually maintains the garden?
I think it would be best to obtain an agreement between all the possible users of the shed rather than go down any legal route; assuming there's room to accomodate everyone' s needs (or bicycles)!

[thirdcrank]

I think your neighbour needs to understand that a bicycle is widely recognised as gardening equipment.

http://www.treehugger.com/files/2007/09 ... ng_edg.php

(Sorry I can't be more helpful but this is not really my barrow. )

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I've thought about this a bit more and trying to remember from my days at the Citizens Advice Bureau (the place to contact for detailed advice) I think this is the basics:

The deeds are irrelevant. (They relate only to the ownership if the whole building by the landlord.) If you own your flat, you will have a lease wich will include any conditions about what you cannot do. As you seem not to have a lease, I'll presume you are a tenant, in the sense of paying rent. In that case, you have a tenancy agreement with the landlord. You are in breach of the agreement if you don't stick to the rules. If the landlord is the local authority or a housing association, you will have somewhere a pretty detailed set of rules to avoid disputes like this. (They'll let you have a copy if you have lost the originals.) If you have a private landlord, your tenancy agreement may be much less detailed and may be only oral, in which case what's what may be a lot harder to resolve. I'm pretty sure that in the absence of your agreement, your neighbour has no authority to tell you what you can do. Their remedy is to take it up with the landlord. As a bit of common sense advice, if the neighbour can show you something in writing by way of the tenancy agreement conditions, it may save hassle all round. I think the problem is that if you and the landlord have no proper written agreement, they may just make it up as they go along as the easiest way out. I think you could argue in the absence of anything in writing to the contrary, that you had acquired the right to store your bike. I'm not sure about that and in any case, there would be no easy way to enforce it if the landlord got awkward.

I'd repeat that the local CAB is your best bet if nobody posts with better info than mine.

[rbrian]

I'd be tempted to chain it to the stairs, making sure it is filthy, and see how quickly everyone demands you keep it in the shed. As usual, thirdcrank's advice is probably better.

[larfingravy]

Tell them to stuff their pathetic busy bodying nose where the sun don't shine

Seriously a bike IS NOT an invalid carriage or perambulator. Look up the OED definition.
Why are they complaining?
Is the property private or local authority/housing association run?
It looks as if your lease has defined what can NOT be stored there.
You are not in breach of that lease.
If they think that you are then let them take action at their own expense and see how far it goes.

If the property is privately rented from the flat owners then they and you will still be liable to ensure the terms of that lease are abided to. Your landlord should have a copy.

[hubgearfreak]

larfingravy has it spot on. if it excludes invalid carraiges, then it does. if it doesn't exclude bicycles, then it doesn't

TC, i especially like the bottom photo with the big light, who mows lawns in the dark, or does the mower/owner then go to the pub on it after a hard days gardening?

[gaz]

Perambulators is an interesting one. Don't they usually have four wheels?

IIRC the law (England and Wales) saying a bicycle can be wheeled across a pedestrian crossing from one side of the road to another considers a bicycle to be no different to a perambulator. (Tested case law)

However the law (England and Wales) that considers a perambulator to be a "usual accompaniment" when wheeled along a footpath does not consider a bicycle as a "usual accompaniment". (A bicycle has not been tested as a "usual accompaniment" in case law for these circumstances.)

Of course if you drop the front wheel out and keep that in your flat you're no longer storing a bicycle in the shed.

Seriously take TC's advice above.

[jimmynoboat]

Has your neigbour any reason other than 'the deeds prohibit it' to object to you storing your bike there?

[hubgearfreak]

Perambulators is an interesting one. Don't they usually have four wheels?

maybe you could say often, but not usually. is it relevant?

[TwoWheelsGood]

Thanks for the responses everyone.

Some quick clarifications - The flats have a parking area at the front and a garden at the back where there are two sheds (one communal, one owned by one of the ground floor flats). I own my flat which is leasehold, and the residents all own a share in the management company; there is no fixed monthly maintenance charge as such (just buildings insurance and Companies House admin charges paid once a year) and we all contribute to the upkeep of the flats. All of the flats have private entrances. Access to the lease details is possible but my solicitor currently has them because the flat is up for sale

I suspect there is some jealousy because the owner of the private shed (incidentally not the complainant) actually stored an invalid carriage in that shed for a while not so long ago and was naturally forced to bring this indoors, but the timing of this new bike-related complaint seems rather strange to say the least. (Something must have prompted him to do this.) Ownership of the outside communal area is jointly held between the flat owners, and the communal shed is about a quarter full; it currently contains ladders, chairs, lawnmowers, etc., plus my bike (for the time being anyway).

All things considered I probably won't make too much of a fuss since this could theoretically impact on the property sale, but the person concerned seems to have taken a personal dislike to me (for several reasons too long-winded to explain and off-topic anyway) - if persuasion fails there's always a 'balcony space' where I can store the bicycle. Incidentally Wikipedia defines a perambulator as a pram or a surveyor's wheel!

[North Star]

I'm not an expert on the law, but I think perhaps in this case you would be justified in referring the complainant to response in the well-known case of Arkell v Pressdram (1971).

http://en.wikipedia.org/wiki/Private_Eye#Litigation

Cheers.

Mike

[Kirst]

I suspect there is some jealousy because the owner of the private shed (incidentally not the complainant) actually stored an invalid carriage in that shed for a while not so long ago and was naturally forced to bring this indoors, but the timing of this new bike-related complaint seems rather strange to say the least. (Something must have prompted him to do this.) ...the person concerned seems to have taken a personal dislike to me (for several reasons too long-winded to explain and off-topic anyway)

I think you've answered your own question. He's decided he doesn't like you, so now he doesn't want your bike in the shed. Arkell vs Pressdram is the best way forward, if you're sure you have the right to keep the bike in the shed.

[pigman]

I think youre right to be concerned about the impact of any dispute on the sale of the flat. As the sale progresses, you will be required to detail any disputes with neighbours. whilst it is only verbal, you could deny any dispute, as there is no trace. Should the dispute become paper-based then there is hard evidence of a dispute, which would make it unwise to deny, for fear of future repercussions, should this neighbour then wage war on your buyer, who at a later date, is then looking for a get-out. Depending on how desperately you need your bike and how well you see the sale progressing, it might be wise to lie low and not stir waters, but only you will know if this is feasible.

Is the parking area off the highway, ie would a car need to be taxed? If it is, you could buy a scrapper of a van, leave it there without further cost (no insurance, tax,mot) and use it to store your bike. In fact, it need not be a van - an estate car with the windows cardboarded-out. It would probably not make you popular with other residents, but you could clearly explain your reasons to them privately and hope to win their support.