party wall and tenants

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • party wall and tenants

    Hi All

    Wondering if any of you legal eagles could shed some light on a problem that has come up with a development of mine.
    I am fairly conversant with the party wall act , but possibly may not have served notice correctly in this case.
    I served notice on the neighbouring owner of the property and with him being a friend of a friend he agreed to our works to excavate footings and erect scaffold on his property on the condition that we reinstated the ground on his side of the boundary, at the time this was done on the shake of a hand(subsequently he has agreed he would give this permission in writing if necessary).

    My problem has since occured with his tenants, basically they are not happy with us carrying out works over the boundary nor us erecting scaffolding.

    My question comes in several parts

    1. If the LL gives us permission to carry out works and to access next doors property/erect scaffolding would he be denying them their right to quiet enjoyment of the property and therefore be open to any action from them.(I suspect the answer to this to be yes but was wondering if the PWA made a difference)

    2.As tenants(on a 12 month lease)should we have served notice to them under the PWA

    3. If the LL does not give us permission could the tenants envoke the PWA and seek an injunction to stop the works/take civil action against us for trespass or would this action have to be taken by the LL.

    Many thanks

    Gareth

  • #2
    The Communities and Local Government booklet is worth reading.
    http://www.communities.gov.uk/docume...pdf/133214.pdf

    Section 7
    Who counts as an "Adjoining Owner"?
    Essentially, an Adjoining Owner is anyone with an interest greater than a yearly
    tenancy in the adjoining property.
    The adjoining property may have a freehold owner, a leasehold owner and/or a long
    term tenant, each or all of whom may be an 'Adjoining Owner' under the Act.
    Where there is more than one owner of the property, or more than one adjoining
    property, it is your duty to notify all Adjoining Owners.
    7

    Comment


    • #3
      Under the Party Wall etc Act 1996 an Adjoining Owner is a person or body/company that has an interest of 12-months or more to run in the property.

      Therefore unless notice is served the day a 12-month tenancy is signed then notice is not required for a tenant. Periodic tenancies do not count as these can be terminated within a month.

      Also it doesn't matter how long the tenant has been in occupation prior to notice.

      ETA. If the LL gives consent (under the PWA) then the remainder of the Act does not come in to force. Also, the tenants can't enact the Act unless they are not carrying out any works. Nor do they qualify as an Adjoining Owner.
      There is always scope for misinterpretation.

      If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

      Everyday is an opportunity to learn something new.

      Comment

      Latest Activity

      Collapse

      • Change of Use Permitted Development - Class M
        jaymondo
        Under Part 3 of the GPDO - Change of Use

        Class M allows for

        (a) a change of use of a building from—

        iii) a mixed use combining use as a dwellinghouse with—

        (aa) a use as a betting office or pay day loan shop, or

        (bb) a use falling...
        21-07-2017, 16:57 PM
      • Reply to Change of Use Permitted Development - Class M
        pilman
        Since this Class of development requires prior approval it seems logical to seek approval for what you are proposing.
        The LPA will either accept that this falls within Class M or not.
        21-07-2017, 19:33 PM
      • Is party all notice still valid? What to do next?
        Myohmy
        Hi All,

        I have a question. I think I have some sneaky neighbours and would like to hear from you on experience and knowledge if you can.

        Neighbours at back started works to an extension (the properties are grade 2 listed). I went and spoke to them as it is not clear where...
        18-07-2017, 06:54 AM
      • Reply to Is party all notice still valid? What to do next?
        Myohmy
        Thank you Al,

        I contacted the recommended surveyor, but he is too far away. Thanks though. I've appointed another, I'm worried about the costs as he said it can cost in the region of £1000-2000. I have to appoint my own as their's has done a runner and the neighbours haven't identified...
        19-07-2017, 22:12 PM
      • Reply to Is party all notice still valid? What to do next?
        flyingfreehold
        bizarrely if properly appointed a party wall surveyor cant just walk away. He is stuck with the job once appointed. I have no connection with him but I would suggest you got help from someone who knows the law backwards. The best party wall surveyor I know is Harold Coyne FRICS of Coyne and Co who goes...
        19-07-2017, 03:17 AM
      • Reply to Is party all notice still valid? What to do next?
        nukecad
        Your initial problem seems to be that neither of you knows where the boundry actually is.

        Without knowing that then you can't know if the wall is on the boundry, on their land, or on your land.
        (The same goes for any foundations).

        Also the surveyor in any disputed PW...
        18-07-2017, 14:43 PM
      • Reply to Is party all notice still valid? What to do next?
        MrShed
        I'm not an expert in this area, but, I read the situation very differently to you. I feel they have chanced their arm and are now playing the "lawyer" card to try and bluff you into backing off. I dont think they know anything you dont, in fact I suspect they know very little about the law...
        18-07-2017, 07:17 AM
      • New Driveway - rights of access by neighbours
        MisterB
        a couple of years ago my daughter bought a small end of terraced house. within the legal pack it mentioned that the adjoin terraced houses had 'access' down the side of her house and across the back - which isnt unusual and isn't a problem. there was no vehicular access as the side of the house was...
        08-07-2017, 08:02 AM
      • Reply to New Driveway - rights of access by neighbours
        MisterB
        that's the situation perfectly explained in a much better way than I obviously did originally, there is a small private courtyard to the rear of the properties, but as you say, there is no 'privacy' of a garden, though it is privately owned!

        on street parking is a nightmare so it has certainly...
        15-07-2017, 07:43 AM
      • Reply to New Driveway - rights of access by neighbours
        buzzard1994
        the way I read this is that this end of terrace house has a patch of land at the side and then another house, probably the end of a different terrace. Those two houses have amically agreed to use this land, which is half owned by one and half by the other, as a drive.

        There is a separate...
        13-07-2017, 20:49 PM
      Working...
      X