Advice Needed: Right of Access

[krishner]

Thx all. Roof was always going to be fixed - not the issue. Access is strange fish I guess - just didn't want my opium fields discovered...

[PeckhamRose]

Could I just ask, what's the problem? So they erect scaffolding in your garden to fix his roof which ultimately could benefit you too. Am I missing something here?

[Loz]

There is no simple answer to this - it will all be set out in your lease.

[Huguenot]

It will be in your lease. I suspect it'll come down to the freeholder having free (reasonable) access to the property in order to maintain it - in which case you'll not have a legal leg to stand on.

But....

Surely this comes under 'being a nice person'? Are you really kicking up a stink because your neighbour wants to fix your roof?

If they take the piss and it's up for over a month that's something else, but is this all really about point '3'? You want to cash in on this?

[zeban]

Definitely with PeckhamRose and Huguenot. No you will not be compensated, and what for anyway? unless they do damage which is unlikely I'm sure.

From your post they obviously don't need to access your house to get to the garden as that would be another thing altogether. I can understand being annoyed at the whole situation but just be a good person. I'm sure if there was another way to fix the roof they would do it.

[Ridgley]

Maybe he should have consulted you sooner, just out of respect as his neighbour fixing the roof will benefit you as well there are neighbours that would leave there properties to rack and reunion at least he has done something to address this.

[KidKruger]

Rather than thinking about what compensation you can engineer from this scenario you should be thinking about the costs you will INCUR.

From my experience of owning flats, ALL leaseholders split the costs for external wall coatings, roof repairs and common drainage, shared TV aerials etc.

If I was top floor and needed roof repairs for a leak I'd be looking to split the costs with the other flats, at least those below me. I've done this before and nobody argued, especially about scaffolding. There's water above your property entering the building and gravity will take care of the rest.

If the roof isn't fixed won't the weather eventually get to YOUR flat and ruin YOUR property. Sounds highly convenient to have this sorted asap, actually !!

Leasholding is a collective (in this case) activity so I'd say you should engage asap !

[trizza]

You said you are a private tenant, so I presume that your landlord (not you) owns the flat? OR are you a private lessee (in which case the below won't be relevant).

If you are a private tenant then you should be raising the issue with your Landlord on the basis you are entitled to quiet enjoyment etc.

There may be a provision in your tenancy agreement allowing others to access the property for essential maintenance work but you could still press for a reduction in rent etc.

That said, if the works are done quickly then isn't it all part and parcel of living in a flat?

If you own the flat then, from experience (I was a director of the mgt company of a block of flats), you won't be entitled to any compensation providing the work is done in a timely manner, nor should you - as Kid Kruger said, it it's in you interests to sort out the leak!

[Jeremy]

If their roof is leaking, it could ultimately damage your property as well as theirs. I would have thought it's in your interests to cooperate as far as possible. And as KK says, you might even be obliged to contribute to the costs! Roofing is not usually covered by buildings insurance.

I agree that it's not on for people to be entering your garden without permission beforehand, but apart from that... sounds like the work needs to be done, so you just need to get on with it and try to be helpful.

[jollybaby]

Agree they should have asked beforehand but essentially neighbours do have rights of access to complete repairs. We're in a similar situation - our landlord needs to do some repair work to our external wall but our next door neighbour is kicking up a stink about it as scaffolding will need to go in her garden. It's going through solicitors etc which is so pointless as the end result is going to be that the work has to be done.

[maxxi]

As a tenant you will usually be entitled to a period of notice in writing before any work is carried out which affects any part of the property or requires access to any part of the property for which you pay rent unless it is considered an emergency.

A leaking roof could count as an emergency as the extent of the leak would be impossible to determine without using the ladder. If scaffolding goes up you will probably find that your landlord has been told or will be told and it is his/her duty to tell you, andf no you do not have any choice in the matter as it should clearly state in your lease/tenancy agreement.