I need Access for Scaffolding

[jukeboxtimebomb]

Re: I need Access for Scaffolding

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.

I think you're missing the first part. It says, "at all reasonable times on giving reasonable and prior notice OR at any time without notice in case of emergency

So, basically access should be granted with no notice if it's an emergency OR access should be permitted at all reasonable times if notice has been given.
Plenty of notice has been given.

I'll contact a lawyer

Thank you all

[jukeboxtimebomb]

Re: I need Access for Scaffolding

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.

I think you're missing the first part. It says, "at all reasonable times on giving reasonable and prior notice OR at any time without notice in case of emergency

So, basically access should be granted with no notice if it's an emergency OR access should be permitted at all reasonable times if notice has been given.
Plenty of notice has been given.

I'll contact a lawyer

Thank you all

[CleverClogs]

Re: I need Access for Scaffolding

I'll contact a lawyer

You might wish to ask him/her how much compo you could claim from Mr Grumpy should the conversion not proceed.

[wales01man]

Re: I need Access for Scaffolding

Remembering when I worked on loft conversions sometimes the house foundations needed to be checked is this the case here only building regs would ask for this have regs been obtained?

[PlanB]

Re: I need Access for Scaffolding

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.

Were you given the opportunity to purchase the freehold when the previous owner decided to sell it? As a lessee the freeholder had a legal obligation to offer it to all lessees under the Right of First Refusal in Part 1 of the Landlord and Tenant Act 1987 :blah: :blah: :blah: Freeholds normally change hands for nominal sums (depending on the length of the leases and any Ground Rent due) so you might well have been tempted to cough up a few quid to keep control of the building.

If you had bought into the freehold (it would be on a shared basis with the lessee below you) then you would be in effect asking yourself for permission to put up the scaffolding, and I think it's safe to assume that you would grant yourself permission

It may not be too late to raise this issue (of your exclusion from the freehold purchase) if a solicitor took the view that there had been any wrong-doing by the previous/current freeholder. I doubt this would make that sale null and void but it could raise a damages claim against the current freeholder, because any liabilities of the previous freeholder travelled with the sale.

If nothing else the threat of legal action might make him allow you to put scaffolding in his garden. What you're looking for is some leverage against your *freeholder*.

Do your homework on this website or call their free helpline:

http://www.lease-advice.org/publicat...nt.asp?item=16

[des8]

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?

Not terrible punctuation, but NO punctuation. Until comparatively recently it was UK legal practice to use minimalist or zero punctuation, partly because wrong punctuation can have unexpected results. It was left to the courts to interpret a contract. Also of course meant fat fees for barristers arguing the toss.

[Turboman]

Re: I need Access for Scaffolding

Is this any good?
https://www.gov.uk/party-wall-etc-act-1996-guidance