Path to flat blocked - please help

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    Path to flat blocked - please help

    Hi
    I'm hoping someone can give me some advice please. There is some building work going on behind my son't flat by a contractor and they have dumped soil/sand/aggregate across the access path to the stairs to the flat. It isn't the best of access anyway and my son and his fiancee have slipped a few times before the building started. My son asked the builder if he would move some of the stuff so that he could have a path through it and the builder became very aggressive and told him to go inside and in no uncertain terms to go away. The estate agent who manages the letting is only a few doors away but the builder says that the estate agent is aware of this and even said it was ok. Unofrtunately due to it being bank holiday weekend the estate agent was closed when all this happened yesterday. My son then rang the police reporting the threats by the builder and they advised taking photos of the blockage and asking the builder again. This has been done but again the builder became very agressive whilst the photos were being taken.
    Son has written to the estate agent and the local councillor. Can anyone advise please what the rights of my son are in relation to a clear access and a safe access to his flat and also what the agent is responsible for.

    #2
    Originally posted by cabriokas View Post
    Hi
    I'm hoping someone can give me some advice please. There is some building work going on behind my son't flat by a contractor and they have dumped soil/sand/aggregate across the access path to the stairs to the flat. It isn't the best of access anyway and my son and his fiancee have slipped a few times before the building started. My son asked the builder if he would move some of the stuff so that he could have a path through it and the builder became very aggressive and told him to go inside and in no uncertain terms to go away. The estate agent who manages the letting is only a few doors away but the builder says that the estate agent is aware of this and even said it was ok. Unofrtunately due to it being bank holiday weekend the estate agent was closed when all this happened yesterday. My son then rang the police reporting the threats by the builder and they advised taking photos of the blockage and asking the builder again. This has been done but again the builder became very agressive whilst the photos were being taken.
    Son has written to the estate agent and the local councillor. Can anyone advise please what the rights of my son are in relation to a clear access and a safe access to his flat and also what the agent is responsible for.
    Does son own flat (leasehold) or is he only an AST tenant?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      Does son own flat (leasehold) or is he only an AST tenant?
      If he is leaseholder, what does lease say about easements (rights to pass and repass over blocked area)?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Hi
        He leases it, i'm not sure about the details. Thank you, I will tell him to look.
        K

        Comment


          #5
          Originally posted by cabriokas View Post
          Hi
          He leases it, i'm not sure about the details. Thank you, I will tell him to look.
          K
          Is the builder (B) doing work for:
          a. the freehold reversioner (F) of your son's flat; or
          b. another property owner (O) unconnected with the block containing your son's flat?

          In case 'a' above, your son may have rights against F for easement obstruction. B's actions are imputed to F, so F is deemed to be blocking the easement via his contractor B.

          In case 'b' above, however, the blockage is not F's fault. Your son would need to take action against O or B or both.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

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