Japanese knotweed

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    Japanese knotweed

    Hi everyone, I hope you can help me!
    I own and let a ground floor flat in a building with 4 other flats. I found out there was Japanese knotweed in the garden when I was remortgaging a few years ago and had no alternative than to share the cost of treatment with the owner of the basement flat, as the garden is their property. They sold the flat while treatment was still in progress and the new owner is refusing to allow access for the treatment. I also know she has done work in the garden and although it looks nice, it may be invalidating the terms of the treatment and the insurance. I’ve emailed and explained the need to complete it, but she isn’t responding. What can I do? I hope to sell my flat soon, but I’m very concerned about the impact this will have on the sale.

    #2
    I think the new leaseholder cannot refuse access for treatment work especially for Japanese Knotweed if the work has already started..

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      #3
      This nonsense happened in my former building, except it was a landlord owner who was refusing to allow access. It amazes me how people refuse to listen to reason, even when it means their own flat will become unsalable.

      The treatment company ended up accessing the area through a ladder from the ground floor flat window. The management company / freeholder took the view that they had a right to access the area for the treatment, even it was demised to the lower ground floor flat, and determined it was easier and quicker to use the ladder approach v. forcibly enter the lower ground floor flat. We had also approached the building next door, to see if they would allow the workmen to enter and climb over the fence, and they were amenable if the ladder option had not worked.

      This happened in another instance in the same building for a longer-term repair, and the building was forced to build a scaffold up the front of the building and then down the back of the building to facilitate the repair.

      As you know, it is critically important that the JK treatment remains on schedule and you have documentation to show your purchasers. If the guarantee gets voided, you will end up with a potentially unsalable flat.

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        #4
        It has been incredibly frustrating! I did speak to the management agency and they pretty much responded with a shrug, saying we can’t force her to allow access. There may be a way of accessing it via the neighbour to the rear, but I’m having trouble reaching them by phone. I’m interested to hear your management and freeholders were able to override your neighbour though. I’ve spoken to them as well as the other leaseholders over the years and no-one seems very interested in getting involved, which just baffles me. When I first contacted one of the neighbours whose garden was infested he was incredibly angry at my offer to treat it at no charge and was directly threatening legal action if we tried to treat his property!

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          #5
          There should be a clause in your lease which gives the freeholder or management company right to serve 24 hours notice for access to undertake repairs . Please post up the clause in your lease.

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            #6
            Thankyou for this - I do have something in my lease and assuming the other leaholder does too, I emailed the freeholder and asked them to contact her. There is a new proposed treatment date, and I just hope she will allow them in. As I paid for the initial treatment, I’m concerned any additional costs may fall on me too…..

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              #7
              https://charleslyndon.com/services/japanese-knotweed/

              check this link. May be worth giving them a call to see if they can help u.

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