Reply To: Leasehold Shared Garden not demised

#4246
ahavey
Participant

Thank you Peter. My solicitor and I are both in communication with Camden. We have the deeds. There is no legal demise. The garden is described in writing as ‘communal’, but the deed does not show this. The councils’ two responses are as follows:

“All of the Council’s leases contain the right ‘to go pass and repass over and along the common parts’ (second schedule – easements rights & privileges) and whilst we accept this is not a right to ‘use’ the garden as such, we are content there is an implied right to do so under paragraph 2(2) of schedule 6 of the Housing Act 1985 due to the fact that the original secure tenancy included a right to use communal gardens.You have requested that the lease be varied in order to clarify the garden situation but you’ll appreciate that we have a portfolio of over 10,000 leases granted in standard form and we are therefore not prepared to agree to a deed of variation. If the current leaseholder is interested in purchasing a defined area of the rear garden then they should write to my colleague. Cherelle.brown@camden.gov.uk enclosing a plan of the area concerned and details as to how it is currently used. Please be aware the ward manager may not allow this.”

Earlier this month, the ward housing manager, wrote: “I am writing to you following your email to my colleague Cherelle Brown, and our subsequent conversation regarding the above mentioned. I can confirm that the garden of 39 Agincourt Road is a communal garden ans as such it is shared between both residents of of the property, yourself and your neighbour in 39A. This detail would have been included in the original Right to Buy documentation when the property was bought by the original tenant but as properties are sold on, the information is not always passed on by the last leaseholder although in theory, it should. Please rest assured that you and any potential leaseholder has shared access to the garden.

The above is well and good, but the deed, which does not show a shared or communal demise is proving a major sticking point to the sale. Anyone ever have to deal with this while selling?

Thank you.