Access to communal areas: do I have a right to use the space outside my flat for my boiler and washing machine?

I've been told to move my boiler and washing machine from a space outside my flat to which I've always had access. What can I do about this?
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Piers King10 March 2020

Question: There is a sort of vault just outside the front door to my flat where my boiler and washing machine are kept and this has been the case since I bought the property 12 years ago.

However, I recently received a letter from my landlord stating that I did not own this area and must remove the items. Do I have to do this?

Answer: Check your lease plan to confirm whether this area comes within the property demised to you. The description of the property in the lease may also indicate if this area is included.

The next step would be to look at whether any specific right to use the area is included in the lease. This right should be worded so as to include the purposes for which the area is currently being used.

If there is no evidence that the area is included in the demise, or that a right exists to use it, you may be trespassing on the landlord’s property and they have a right to require you to remove your belongings from there.

While the washing machine may be relocated easily, the boiler is clearly more of an issue and could result in a significant cost.

Therefore, you may wish to make an offer to buy the area from your landlord or have the lease varied to include an express right to use it.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Piers King, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE.

Questions cannot be answered individually, but we will try to feature them here.

Piers King is a solicitor in the property department of Streathers Solicitors LLP.

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