Scaffold Access

[jukeboxtimebomb]

Hi

 

Scaffold help and advice needed please!

 

I live in 1st floor flat of a converted Edwardian townhouse in london. The freeholders own the ground floor garden flat. They just bought the freehold from a property company.

 

I have Council planning permission for a loft conversion and also permission from the previous freeholders to carry out the work (granted before they sold it). This written permission lasts until November, 2013.

 

The freeholders downstairs dont' want me to carry out the work and have made it clear they will not allow access to erect scaffold in their garden, which is required for the build.

I have checked the lease and it states:

"The right for the Tenant with or without workmen and others at all reasonable times on giving reasonable and prior notice or at any time without notice in case of emergency to enter upon the other maisonette for the purpose of repairing rebuilding cleansing maintaining altering replacing and renewing:

a)Any part of the demised premises which is otherwise inaccessible;

...

 

I have been neighbourly and helpful and tried to give the guys downstairs all the information and advice and help I can give, including assuring them any scaffold will not affect access or use of their garden. There will merely be 4 scaffold poles up against the fence.

 

Where do I stand on this? What can i do?

I've been told they legally need to grant access and I could get a Court Order, which I really don't want to do. I have to live upstairs form them, so want to try and remain civil.

 

Any ideas?

Thanks so much

Edited August 7, 2013 by jukeboxtimebomb
missed out a few inportant points

[raydetinu]

No other way than through the courts I am afraid, as they wont co-operate.

You also need to get approval from them for the works from the freeholder of your flat and the ground floor flat; as works you do will impact on them.

This may affect the structure which is part of the lower storey and as such may come within the Party Wall act as a party structure; suggest you consult a party wall surveyor.

I presume you mean you have planning permission for your loft conversion; you also need building control approval as well.

I would strongly recommend you submit full plans/building details of construction, for approval before you start any works.

[jukeboxtimebomb]

Thanks. I have planning permission from the Council, and written permission from the previous freeholder to carry out the work. The people downstairs have subsequently purchased the freehold but my permission pre-dated their purchase and lasts until November.

 

So, they are the freeholders, I'm a leaseholder and it does say in my lease,

"The right for the Tenant with or without workmen and others at all reasonable times on giving reasonable and prior notice or at any time without notice in case of emergency to enter upon the other maisonette for the purpose of repairing rebuilding cleansing maintaining altering replacing and renewing:

a)Any part of the demised premises which is otherwise inaccessible

 

Does this not count for or mean anything??

 

I'm on top of bulding control etc, so no worry there, it's only access that's the problem.

 

Not sure what you mean by:

"You also need to get approval from them for the works from the freeholder of your flat and the ground floor flat; as works you do will impact on them."

 

Thanks again.

[raydetinu]

at any time without notice in case of emergency to enter upon the other maisonette

The key word is emergency.

Also unless there is a covenant or note in the sale, I don't think anything agreed with the previous owner would be valid if they were not aware of it.

If they are now your freeholder then you need to seek permission from them for the proposed works; does it not say in your lease that any alteration or work needs the permission from the freeholder ( which may not unreasonably with held etc.).

Even if they were not, any structural work you are considering would impact on them such as works to the roof ( leaks etc. ) additional loading on walls and where, which may have an impact on their property and should get their agreement.

Andydd may have a view on this suggest you pm him.

[jukeboxtimebomb]

Thank you for your help.

I actually read the lease a little differently.

The right for the Tenant with or without workmen and others at all reasonable times on giving reasonable and prior notice OR at any time without notice in case of emergency to enter upon the other maisonette

 

I will contact Andydd. Thanks again

[raydetinu]

yep you could be right, don't think I would be happy with somebody entering property that does not have anything to do with it though!

What ever it says, if they will not co-operate then the only recourse is for a court to make a judgement and fair ruling.

[ericsbrother]

Law is on your side but an absolute nightmare to get it enforced. Permission cannot be refused, just a matter of the "reasonableness". Try and explain to them that if it is forced upon them they will have to pay all of the costs and that will be £5-10k going on similar cases I know about. If you need an injunction then double the cost but they could end up in prison for contempt if they then carry on preventing you doing the necessaries..

[raydetinu]

In my experience to gain access for maintenance etc. on adjacent land ( if land owner refuses ), going to court does cost a bit and you don't usually get costs.

This is covered by the Access to Neighbouring Land Act 1992, I accept not the exact case here.

Access is normally allowed for maintenance or essential repairs only, with an indemnity to pay for any damage etc., however it is not always granted if neighbour can show it would cause hardship or gross inconvenience.

For new works it is normal to pay for the use of the land by agreement.