Converting loft; T of floor below objects- planning effect?

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    #16
    morning all

    back to this 'interesting situation' i'm in

    i have planning approval for converting my loft - as you can see below, i have a sitting tenant on the first floor

    i'm planning to do the loft from the outside via scaffolding (therefore not going through her area) - the problem i can see is that it will be v noisy for the sitting tenant for several weeks

    she's obviously not happy about this

    jeffrey has warned me that she could take legal action against me

    what would be the best course of action i should take?

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      #17
      I'd like answers to my questions please.

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        #18
        Originally posted by WarwickGrad View Post
        ok

        if i put up scaffolding and enter via outside, is this permitable?
        I take it that once the loft is converted that you will retain the scaffolding to gain access to this area from the outside?

        Do you have rights of way over the first floor so that you can erect the stairs to give you access to the loft area?
        Kikuyu

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          #19
          my dilemma

          sorry poppy, was in a rush this morning...answers as follows:

          loft will be a studio room...planning has just been approved...this will be rented out to a seperate tenant

          rgding the rights of way via the first floor, i'm not sure kikuyu...this is a grey area for me....

          i do know that the bathroom on the first floor is shared between the sitting tenant and the tenant i have living on the ground floor

          the tenant on the ground floor therefore uses the present staircase to gain access to the bathroom

          does this mean that i do have a right of way via the staircase and bathroom?

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            #20
            Originally posted by WarwickGrad View Post
            Does this mean that I do have a right of way via the staircase and bathroom?
            You have a right if it was reserved when the Tenancy Agreement was granted
            (e.g. L gave rights to T for use of stairs 'in common with L and all others entitled to use them', or something like that).
            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).

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              #21
              many thanks for the response jeffrey

              i didnt issue the sitting tenant with the contract (and have nothing in writing - she claims she hasnt got an old ast)

              she has been there for 25 years

              i bought the premises with her in there

              do you think that because the tenant downstairs shares the bathroom (which is upstairs) with the sitting tenant that this implies a 'verbal agreement' to share the stairs and bathroom?

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                #22
                Originally posted by WarwickGrad View Post
                many thanks for the response jeffrey

                i didnt issue the sitting tenant with the contract (and have nothing in writing - she claims she hasnt got an old ast)

                she has been there for 25 years***

                i bought the premises with her in there

                do you think that because the tenant downstairs shares the bathroom (which is upstairs) with the sitting tenant that this implies a 'verbal agreement' to share the stairs and bathroom?
                Problem: 25 years ago = 1984 (pre-Housing Act 1988), so she could not have an AST. It's most likely governed by the fearsome Rent Act 1977.
                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).

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                  #23
                  yes its governed by the 1977 rent act

                  i've offered her alternative accomodation until the work is done so she is not affected by the noise and the nuisance

                  i've also stated that we'll be refurbishing the hallway/bathroom/staircase for her

                  she is refusing to play ball

                  what else can i do i wonder?

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                    #24
                    Originally posted by WarwickGrad View Post
                    yes its governed by the 1977 rent act

                    i've offered her alternative accomodation until the work is done so she is not affected by the noise and the nuisance

                    i've also stated that we'll be refurbishing the hallway/bathroom/staircase for her

                    she is refusing to play ball

                    what else can i do i wonder?
                    Suggest that you wait till she departs-by coming to the end of her useful life. Or alternatively she is re-housed in better surroundings and enviroment, from what has been the poor woman's house, and now someone is only interested in making a profit at all costs.

                    Is that why you bought this house, probably at a throwaway price?
                    Kikuyu

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                      #25
                      Originally posted by kikuyu View Post
                      Suggest that you wait till she departs-by coming to the end of her useful life.
                      Not really an acceptable way of referring to a human being, is this?

                      Originally posted by kikuyu View Post
                      Or alternatively she is re-housed in better surroundings and enviroment, from what has been the poor woman's house, and now someone is only interested in making a profit at all costs.

                      Is that why you bought this house, probably at a throwaway price?
                      It is unhelpful (and even arrogant) to presume things like this about a situation when we know only a limited amount, surely?
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                        #26
                        Originally posted by mind the gap View Post
                        Not really an acceptable way of referring to a human being, is this?

                        It is unhelpful (and even arrogant) to presume things like this about a situation when we know only a limited amount, surely?

                        1. It is better than saying that when she is dead.


                        2. See #11 by OP. How could he be losing money if he bought the property with a regulated tenant? With the interest rates falling, as they have been, he is probably quids in.

                        Anyway, my point was that that he seems to be more interested in making money than the well-being of the old lady. Maybe I am wrong but that is how I perceive the situation.
                        Kikuyu

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                          #27
                          Originally posted by kikuyu View Post
                          1. It is better than saying that when she is dead.
                          I beg to differ. '...the end of her useful life' makes it sound as if she has another part of her life in which she is/will be useless. If English is not your first language, I apologise for picking you up on this, but 'wait until she dies' is actually clearer. 'At the end of its useful life' is a phrase normally used of machines, not people.


                          Originally posted by kikuyu View Post
                          See #11 by OP. How could he be losing money if he bought the property with a regulated tenant? With the interest rates falling, as they have been, he is probably quids in.
                          That is beside the point. The fact that he has offered to pay for alternative accommodation and is organising the construction work from the outside of the house suggests he is not just a money-grubbing developer.

                          Originally posted by kikuyu View Post
                          Anyway, my point was that that he seems to be more interested in making money than the well-being of the old lady. Maybe I am wrong but that is how I perceive the situation.
                          I think you are unfairly misrepresenting OP.
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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