Difficult neighbours

[Ruth_Baldock]

Just wanted a bit of advice really.

We're having some 'issues' with our neighbours. This is going to make me sound horribley spoilt. It's not that they are loud or obnoxious (they're not) but it's still a problem.

We live above a family of 5- parents, 3 kids (ages 12, 15, 18). The 12 year old has a bike, which by his parent's own admission, he has never ridden. he keeps it in our shared hallway, it CONSTANTLY falls over and has damaged the walls and floor. It also makes it difficult to store the buggy (folded- it's a bugaboo bee and folds down to next to nothing) and putting up the buggy in the hall is a nightmare. I usually have to carry it downstairs (outside), assemble it, run upstairs, get Baby B and put him in. All traumatic as he cries a river when I leave the room.

Neighbours have seen me struggle with the buggy/bike, and always smirk 'Oh that bloody boy's bike!'. We have mentioned it's in the way, but get ignored.

A few days ago, my son and I were in the hallway, getting something from the buggy, and he pulled the bike onto himself. He was fine, not hurt, but he was frighetend. I got in the way of the bike (selfless Mother that I am) and the handlebars went straight into my bump. It's not on, and I rang their bell to explain, calmly, what had happened. They refiuse to move this bloody bike, saying they have nowhere to store it, but it's only going to get more and more difficult as my bump gets bigger, as does Baby B 1, and the phil and teds (obviously). We have asked if it's okay to store the buggy, they said it was fine...

We own our own flats, but it's a share of freehold (southwark are the leaseholders). From a 'legal' standpoint, is there much I can do? Have considered asking local youth's to steal the bloody thing, but Husband doesn't think that's A Good Idea. What would you do???

[Lochie]

Am assuming you own your flat? Do you have regular freeholder meetings? We own our flat and are in share of freehold and have maybe twice yearly freeholder meetings. All meetings are minuted and any issues voted on. I think that legally something like this would need to go to a vote between freeholders, if you cannot come to decision amicably? Good luck, I know what a bore it can be....!

[Ruth_Baldock]

We've been there since September 2008, never been to a freeholder meeting. Suspect we haven't been looking hard enough, will probably have to call Southwark to get info on it.

It's just SO annoying. Does anyone know a child who will take the sodding bike? It's not even a NICE bike. grumble, grumble.

[Carrie]

Almnost certainly there will be a covenant in the lease not to obstruct the common parts (e.g the hall) with bikes and prams and a covenant by the freeholders to take enforcement action against any leaseholder who is in breach of the lease. You could therefore contact the freeholder and ask them to take enforcement action against the other flat owner for keeping the bike in the hall but if you are also using the hall to store the buggy this may not be the route you want to take!

[ClaireClaire]

Could you install a wall-mounted bike rack and at least have it stored up high on the wall where it won't fall over?

Or could you offer to store it in your own flat, in order to get it out of the hallway - I know it's not your bike and you shouldn't have to do this, but sometimes setting an example of how to be a co-operative neighbour can help.

Failing that, if Southwark Council is the leaseholder (confusing), then you may be able to get it moved on H&S grounds. Of course you would want to avoid having to resort to that as it would almost certainly create a bad atmosphere in the building, and you do have to live there, after all.

Alternatively, how about offering to buy the bike off them? Again, I know you shouldn't have to do this to get rid of the bike, but it could just be a quick way to solve the problem.

Good luck!

[Ruth_Baldock]

@Could you install a wall-mounted bike rack and at least have it stored up high on the wall where it won't fall over?

We've done this :) Husband has his, and my, bikes stored on wallmounts. We offered to even install it for them. No,they say, it's unsafe 'because of the children and cats' and they don't have the room.

We've noticed they've got outside storage and they DO have a garden though, so we don't think theres any excuse. Husband found out bike was donated to the son from the NAS (we think, possibly the Spa School where he goes) so we couldn't offer to buy it anyway, but it makes it all the worse that it's not being used when another kid could get some real use out of it!

Carrie; yes, we thought of this. Lease states we can't obstruct the hallway with bikes, says nothing about prams though? We don't mind about storing the buggy in our flat/car outside if needs be, it's just the space which is a major issue at the moment :(

[Keef]

Just tell them you don't want to fall out, but that you'll take action against them if they're not reasonable. Alternatively, could you contact the school, and tell them the bike isn't being used.

[mrs f]

Oh this is so horrible, I really feel for you. We recently moved out of a flat with a shared hallway where our neighbour said it was ok for my bike to be stored in the hallway which was really nice as it was very narrow (I did use it every day). After a while she got pregnant and asked if I could take it upstairs when the baby arrived, I actually moved it during her pregnancy to make it easier for her to get in and out despite living on the 2nd floor and having the most awkward hallway ever, it was a nightmare for me as it was so awkward & I used the bike every day however I didn't hesitate for a second that it was the right thing to do....

Sorry thats totally unhelpful but your neighbours are clearly being unreasonable, if I were you I'd send my husband down to speak to them and ask them one final time to move it and if they refuse then mention to them the conditions of the lease & let them know you will be persuing this further, then take some legal action re the agreement in the lease, or at the very least call southwark, as awful as it is living with crap neighbours the situation will only get worse for you with the new arrival and you need to know you can get in and out of the house easily & safely.

If your neighbours are that selfish it's not like you are ever going to be best friends anyway!

[Cora]

I'm sure that it would be considered a fire risk from what you are saying - the fire service does a free home check, installing smoke alarms and the like. You could get them in to do a routine check over and if they bring up the bike as a fire safety risk I am sure they would be happy to point it out to the neighbours. I think they would say the same about your buggy too though?!

[The Nappy Lady]

Could you offer to buy a small garden bike store for them to put it in, is there space in front garden for one?

If big enough could also put the buggy in it as & when necessary (or store 2nd single buggy in there etc).

You can get a pully system that allows you to have bike suspended up high & then lower it when needed - need high ceilings though.....

[womanofdulwich]

why dont you say you have a freind who is looking for a bike " just like that " and ask them to sell it to you , for your friend. -i dont expect they can be bothered to replace it? then sell bike on?

[legalbeagle]

Your lease requirement that the common parts are kept clear is your best bet here, though it does mean that you can't keep your buggy there either. Tell them it's a legal requirement that they move it and if they don't you'll have to take action to enforce the covenant in the lease.

You could, as you say, keep your buggy in the boot of your car. That's what I used to do. And it is also worth bearing in mind that they are obstructing the main exit in the event of a fire, which, when you are trying to evacuate a heavily pregnant woman and a toddler and the rest of the household, is extremely dangerous.

[Ruth_Baldock]

Hi everyone, thanks for your responses.

Legalbeagle- you are correct- it's totally a fire hazard and against the lease, as is our buggy (now stored in the car, no problem as when I leave I take Baby B with me, put him in his car seat and get the buggy out). When I came in today, the bike had fallen over (AGAIN) and was lying on the hallway floor. Mr B went and spoke to neighbours, pointing out it was a fire hazard (he looked over the lease when he was WFH today), as was the buggy hence it being moved, and they needed to find alternative arrangements NOW. outside storage apparantly no good, Mr B told them he 'didn't give two hoots'. :/ He calmed down, and showed neighbour our bike hook, explaining he fitted it himself in less that 30 minutes. During all this, he found out that neighbours RENT A GARAGE across the road! Anyway, we basically said "get rid of the bike in the garage or house, or we'll have to proceed with this matter" (ooh er)

They asked if they could move it when the baby arrives. BIG sigh.

[legalbeagle]

Well you're getting there. Take a deep breath and say no. Already had one accident with pregnant woman and toddler. Move it now or you'll put it outside out of the way. They are being really unreasonable. You've offered to buy and instal a bike hook, and they should take you up on it!

[mrs f]

No way they can move it only when the baby arrives, they just aren't getting it are they!

You have a small child & are pregnant, they can move it now... Put it in the front garden, that might prompt them...

Well done on mr b though.

[womanofdulwich]

at the end of the day you have to live below these people- you will soon have a baby and a toddler to look after. You do not need to "up the anti " with your neighbours. You will feel quite vulnerable with 2 to look after.Why dont you just get the hook done and put the bike up? -but no point doing this if the boy wont be able to get it down himself.Can't you just have a word with the boy yourselves? Having 3 teenagers is pretty trying to parents-sometimes teenagers respond better to other adults than they do to their own parents.

[randombloke]

If, under the terms of the lease it's a fire hazard then ask for a health and safety inspection by the council. Let them do the dirty work in getting it removed, and if asked, deny all knowledge. Or set fire to it ;-)

[Ruth_Baldock]

WOD: 12 y/o is Autistic, hence why I thought the NAS donated the bike (did something like that for my brother) so I'm not sure he'd understand :(

We couldn't put the bike hook in the hallway (shared), as no room, but it could fit happily in their own private hallway. To be honest, we are having a member of the council over to get them to look at something we want planning permission for, so may...er...tell a porkie and after said Council bloke has gone, will say 'oooooh, he pointed out it's VERY UNSAFE for that bike to be here, tut tut, official spokesperson etc'.

Mrs Downstairs saw me doing the car-buggy rigamarole today and said 'isn't that a hassle?'. I said 'Well, slightly, but it's better than having it downstairs and being burnt to a crisp when the oven gets left on, isn't it?'

Passive aggressive? Moi? No!