As I think I've mentioned on here before, I chair the company that's responsible for running the private estate I live on. I'm hoping someone might have a better grasp of the 1987 Landlord & Tenant act than I do - I don't want to go and pay our solicitors for yet more advice!
Simple question: does the 1987 act forbid a Residential Management Company from making changes to the lease regulations, even if the lease contains a clause that gives them permission to do so?
A bit more context: our lease has seven schedules of terms, and an 8th schedule of regulations. This 8th schedule is all about putting your rubbish in the bins stores, not practising the tuba late at night - that sort of thing. It includes the line that bicycles may not be placed (1) anywhere within the common areas of the grounds or buildings, or (2) in the covered parking bays. The is despite the fact that the parking bays are actually demised to the individual owners, and leaves us with the slightly bonkers situation of bike only being permitted in the flats themselves.
Bikes are now becoming a problem - there are several in each stairwell. I clearly need to have them moved - they're a fire hazard and prevent meters from being read. The owners have been polled about having a bike store built and are very much against the idea.
By far the easiest solution would be to suggest to everyone that they put a bike lock in the back of their parking bays (in fact some have already). And I thought we could do that - because the 7th schedule of the lease says that the company has "the power to revoke or amend ... the regulations set out in the Eighth Schedule". So all I need to do is have the board amend the regs about parking spaces to permit bikes.
However, an owner has suggested that the 1987 act forbids the company from altering the lease, even though the lease itself grants the power to do so. I've been reading around this legislation, and it looks to me as though it exists to specifically grant new ways to vary a lease (sections 35-37). I cannot see anywhere that it prevents me from using the existing power in the lease to change a regulation. Does anyone know for certain?
Post edited at 09:39