I need Access for Scaffolding

[jukeboxtimebomb]

Hi Really hope you can help.
I live in a terraced house comprising 2 flats. Mine, the 1st floor, and the garden flat below. My place is leasehold with demise of the loft.
I have planning permission from the Council for a loft conversion plus license for alteration, issued by the previous freeholder to carry out the work. The people downstairs have subsequently purchased the freehold but my permission pre-dated their purchase (and is valid until November).

So, they are the freeholders, I'm a leaseholder but they don't want me to carry out the work and refused me access to erect scaffolding in their garden. The scaffolding wouldn't restrict access in any way and they're merely doing it to prevent me carrying out the work.

I have checked my lease and it does state permission should be granted for :
"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 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.

I don't want to have to go to court over it but I cannot carry out the work without scaffolding access Many thanks

[Sapphire]

Re: I need Access for Scaffolding

Have you tried talking to them or is that not possible ?

[bluebottle]

Re: I need Access for Scaffolding

Hi and welcome to Legal Beagles.

I think it would be wise to consult with a legal professional who is familiar with this sort of situation. From what I can see, it would fall under the general heading of Property Law. See if you can get a free 30-minute consultation locally.

[jukeboxtimebomb]

Re: I need Access for Scaffolding

Hello

Yes. I've done everything I can to keep them 'in the loop' and be friendly and courteous and really couldn't have done more to appease any worries. I have even offered to compensate financially, even though the scaffolding will not obstruct or cause them any inconvenience other than it being a slight eyesore for a few weeks.
They objected unsuccessfully to the planning application and wrote me an email making clear they will deny access because 'the conversion is of no benefit to them and not in their interests'.
They're simply being spiteful but I do still want to sort this out peacefully, if possible. They will still be my neighbours when this is over, so i want to remain as civil as possible.

[bluebottle]

Re: I need Access for Scaffolding

I am wondering if you are forced to abandon the project whether you should seek reimbursement of any expense you have incurred so far, due to their intransigence and awkwardness.

[CleverClogs]

Re: I need Access for Scaffolding

I am wondering if you are forced to abandon the project whether you should seek reimbursement of any expense you have incurred so far, due to their intransigence and awkwardness.

My thoughts precisely!

One might hope that an appropriately worded letter from a solicitor, stating that damages will be sought, should convince those curmudgeons that it would be in their best interests to let the work proceed. The damages would be for monies paid out for the conversion they are unreasonably blocking plus the leaseholder's legal costs, together with an additional sum of (at least) several thousand pounds to compensate for the loss of additional value to the property.

[enquirer]

Re: I need Access for Scaffolding

I have checked my lease and it does state permission should be granted for :
"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."

The key word here is emergency. It does not grant you access for major building works. You do have a right of access for run-of-the-mill maintenance, but this can be refused - and if it is, you cannot force entry, you must get a court order.

You have a lease, so there is a freeholder above you. Who is that? Check with them - they may know more and an approach by them might possibly bear fruit. It is also possible that the freehold of the bottom flat will contain covenants and easements that may be to your advantage. This would be worth checking out.

[wales01man]

Re: I need Access for Scaffolding

This looks like it has to go legal no other way round it if the other side says no

[CleverClogs]

Re: I need Access for Scaffolding

This looks like it has to go legal no other way round it if the other side says no

A solicitor's letter may be less stressful than seeking an order under the Access to Neighbouring Land Act 1992 (link) which might not be granted.

[jukeboxtimebomb]

Re: I need Access for Scaffolding

The key word here is emergency. It does not grant you access for major building works. You do have a right of access for run-of-the-mill maintenance, but this can be refused - and if it is, you cannot force entry, you must get a court order.

You have a lease, so there is a freeholder above you. Who is that? Check with them - they may know more and an approach by them might possibly bear fruit. It is also possible that the freehold of the bottom flat will contain covenants and easements that may be to your advantage. This would be worth checking out.

I actually read the lease slightly differently. To me, it reads:

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.

So, at any time if reasonable notice is given OR at any time without notice if it's an emergency

It also suggests this (above) access is for:
purpose of repairing rebuilding cleansing maintaining altering replacing and renewing:
a)Any part of the demised premises which is otherwise inaccessible

So, it does suggest access for the purpose of building works

I suggest perhaps the problem is that the lease was written with terrible punctuation and in such a way that its meaning is open to interpretation?

[CleverClogs]

Re: I need Access for Scaffolding

I agree.

[wales01man]

Re: I need Access for Scaffolding

A good reason for a legal interpretation go see a solicitor could be a few bob well spent

[charitynjw]

Re: I need Access for Scaffolding

It's worth a punt!

[Sapphire]

Re: I need Access for Scaffolding

Instead of all this hassle, I'd sell up and move.

[enquirer]

Re: I need Access for Scaffolding

I suggest perhaps the problem is that the lease was written with terrible punctuation and in such a way that its meaning is open to interpretation?

No. The terms are quite specific - it says emergency quite clearly. Otherwise you would have the right to tramp all over the other property at will, and that would be inequitable.