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Legal matters

Landlord of groundlease

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MissRee · 19/08/2012 22:07

Background: we bought our leasehold flat (two story House converted into upstairs and downstairs flat) in late 2010. Leasehold landlord at the time was a lovely fellow living in Scotland. Downstairs flat was empty as old lady had been taken into a home. When the flat was sold earlier this year we had the option of buying half of the freehold but due to circumstances (DD was born Jan this year so I was on maternity leave) we simply couldn't afford the £7k they wanted. Therefore, the purchasers of the downstairs flat bought the ground lease as well as the downstairs flat.

The completely renovated the flat over a period of 3 months (starting at 8am --sometimes earlier) and finishing at 6pm 7 days a week including all the bank holidays. We had to have our gas supply refitted and now they're demanding our electricity supply is detoured so it doesn't go through their property.

Today, we got a text from the ground landlord to say that they wanted the "junk" cleared from under our iron staircase (we have right of access over their garden via a side gate and staircase up to our property - our ONLY access to our front door. Our lease clearly states that we "have exclusive right of access to the property via the iron stairway TOGETHER WITH the exclusive right if the coal bunker under said iron stairway".

Now there isn't a coal bunker under the stairs any more but am I tight in thinking that we still have exclusive right of the area under the stairway. The lease is silent on what happens if the coal bunker ceases to exist - I assume we would be well within our rights to reinstate the coal bunker if this is a sticking point?

We have sent a reply text to her drawing her attention to clause 2 of the lease where this right is mentioned but now I'm worrying that I might have misread. Can anyone offer advice please?

Many thanks

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