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Council want to erect scaffolding in my back garden

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  • Council want to erect scaffolding in my back garden

    Hello, this is my first post. I received a voicemail that the council want to erect scaffolding in my back garden. I live in a council property. The last time they did this they killed 3 trees and a lot of my plants died. I have thousands of pounds worth of plants in my garden and it is only just spring. Also the last time the scaffolding was up for months and I could not use my garden at all. Do I have any rights to refuse? Can I get any advice on my rights? Can I get compensation? The repair is about my upstairs neighbours property, but I live on the ground floor...Any advice would be most welcome, thank you.
    Tags: None

  • #2
    Speak with Citizens Advice and they may be able to help

    Comment


    • #3
      Is that the best this advice forum can come up with?

      I suggest that the OP should start by looking at the lease or tenancy agreement.

      Second, as this appears to involve a need to repair the upper part of the building, the Access to Neighbouring Land Act may well apply.

      My advice to the OP would be to engage with the council and try to agree suitable arrangements that will minimise damage and disruption.
      Last edited by atticus; 22nd April 2022, 09:46:AM.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        council own the property you are a tenant therefore rights they have:- so as been suggested look at tenancy agreement, even talk to council about it!

        Comment


        • #5
          If the council or their contractors damage your property whilst carrying out the necessary maintenance, they should reinstate your garden immediately without cost to you.
          If they fail to do so first of all complain to the council CEO and involve your your own councillor
          If that fails you could initiate court proceedings.

          Take photos of your garden just before work commences, and make notes listing each plant and where it is situate.

          atticus please remember this forum is made up of private individuals (like yourself) and not all of us are on line 24/7 so comments like "Is that the best this advice forum can come up with?"are neither helpful nor welcome

          Comment


          • #6
            @@@@@@@@@@
            Last edited by atticus; 22nd April 2022, 15:48:PM. Reason: deleted
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              *******
              Last edited by des8; 22nd April 2022, 10:23:AM. Reason: deleted

              Comment

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