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Is this Legal?


Dee Woffaz

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I live in a block of flats with a communal garage. The flats are privately owned, I own my own, we have a communal garage space under the flats. A couple of months ago the management company issued a letter to say that a fire inspection was carried out and the garage space was a fire hazard due to people storing things in there. A couple of weeks ago another letter was issued to say that a company had been asked to come and remove and dispose of anything that was considered a fire hazard.

I use my space to store my car, Motorbike & mountain bike so there was nothing hazardous in my space. I did go as far as purchasing some garage racking where I put my car boot rack, cycle rack, paddock stands, box of hand tools, car washing bucket, plant pots & my wellington boots. I rang the Management Company to clarify the situation and was assured that it was only hazardous items like paint, car oil, jerry cans etc.

I went away to work last week and came back today to find everything that wasn?t ground anchored down, i.e., car, motorbike & mountain bike had gone including racking. There was however a lot of junk, bits of wood a broken down garden chair, old mattress left there. There was wooden racking covered by sheets also left in another bay.

Apparently the items taken have been disposed of, does anyone have any experience of this and is there anything I can do. The things that have been taken are quite valuable and very difficult to replace.

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Definitely seek legal advice. If the freeholder hasn't followed the The Torts (Interference with Goods) Act 1977 by serving the correctly worded Notices and following the legal process, you will have a claim against them. I would take a picture of the junk that was left behind (if it is still there) as evidence that this cannot have been solely to eradicate a fire risk.


If the garages are not adequately fire proofed, they may constitute a risk and it would depend on what rights you have to occupy the space so a lawyer would be best placed to advise.

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Thank you, I am going to see the Management company today. I have photos of what was left in the garage space showing that the contractors took what they deemed to have vorth over what was a fire hazard.

A notice was issued however i confirmed with the management company that car vehicle related paraphernalia, roof/cycle racks etc were safe.

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