Court Orders Tenant to Remove Fireplace from Garden House
A court ruling has ordered a tenant to remove a fireplace from their garden house in a small allotment garden. The fireplace, consisting of an oven and a stainless steel chimney, was found to violate both the lease agreement and the Federal Allotment Garden Act.
The tenant had erected the fireplace without seeking approval from the lessor, contravening the terms of the lease. The court's decision, while the specific jurisdiction and case number remain unknown, underscores the importance of adhering to regulations regarding garden houses in allotment gardens. The garden house in question is not designed for permanent residence, making the installation of a fixed fireplace a clear violation.
The court ruled that the fireplace must be removed as it breaches both the lease agreement and the Federal Allotment Garden Act. The tenant's refusal to comply led to a court case, where the plaintiff association successfully argued for the fireplace's removal. The erection of the chimney and oven was deemed contractually wrong in multiple ways.
The court has granted the claim for the removal of the fireplace, and the misuse continues, the claim does not expire. The tenant is now obligated to comply with the court's order and remove the fireplace, ensuring that the garden house remains in line with the regulations.
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