granting access to neighbour through my flat

granting access to neighbour through my flat

Postby likegreenthings » Sat Jun 08, 2013 7:22 pm

Hallo

Living in a flat in a terrace I have been asked by the owner of the flat above me to allow her contractors to bring and then remove a long ladder through my flat and into my ground floor garden so that they can cut down ivy on the walls of her upstairs flat - hopefully without damaging any of the ivy or honeysuckle of my walls! They say the ladder is too long to get up through their flat and then down again into my garden.

I will probably agree (though it would have been nice to hear the word 'please') as I don't want to create difficulties. I have asked for - and received - assurance that none of my plants will be cut back or damaged and that the garden (and the front garden will be left as found.

However (belt and braces) I would like to know my rights if the contractors do start to cause damage and I want to rescind my permission and get them to go.

Any help and advice gratefully received.

Thanks.
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Re: granting access to neighbour through my flat

Postby ukmicky » Sat Jun 08, 2013 10:05 pm

1) You have a right to order them off your property but they have a right to gain access through the courts if you do.

2)If its your ivy it growing onto their property is causing a nuisance . If that nuisance can be said to be causing damage it then becomes actionable in court.

I am personally of the opinion that climbing plants can cause an actionable nuisance as they can cause damage to the face of the wall . if you look at the wall once it has been removed you will see what i mean.

So if this ivy is coming from your property they could in theory if it can be deemed actionable damage ask you to remove it and prevent the spread of it up the wall ,with the threat of suing you for a continuing nuisance if you don't. That could cost you more than a minor inconvenience or a few knocked over pots,

3)If you don't get a few minor things that will irritate you afterwards you will be lucky. Don't sit their expecting nothing. Move things out of the way to make the clearing up easier for them and so things don't get broken.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: granting access to neighbour through my flat

Postby despair » Sat Jun 08, 2013 11:39 pm

If its your ivy and honeysuckle growing up her walls i suggest you get it removed pronto

It has no business whatever climbing up her walls
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Re: granting access to neighbour through my flat

Postby likegreenthings » Sun Jun 09, 2013 2:17 pm

Thank you both.

The honeysuckle doesn't grow up her walls by the by so there is no reason for her contractors to touch it but i don't want it damaged by the work they are doing on the upper walls

Re the ivy - I have no idea where it originally sprung from as it grows on this house and next door walls.

I don't have a real problem with access however they have somewhat steamrollered me by booking the contractor for a date without checking it was convenient for me ie I would be there to unlock doors and give access and also insisting on beginning work too early for my taste and refusing to negotiate re this.

Thus I don't have a great deal of faith in their professionalism.

I have already moved things in pots from patio, sills etc but cannot, of course, remove things growing from the ground.

I fully accept their right to access - as I said I don't want to be difficult - but I did want to know if there was a line they couldn't cross in terms of their behaviour eg if next door was decorating it wouldn't be acceptable for them to damage my walls or doors or splash paint on my property and I guess I feel the same should apply to plants and pots etc that I own as they would cost money to replace.

Again , many thanks to you both for your thoughtful help and advice.
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Re: granting access to neighbour through my flat

Postby arborlad » Sun Jun 09, 2013 3:56 pm

likegreenthings wrote:
I have already moved things in pots from patio, sills etc but cannot, of course, remove things growing from the ground.
.



In theory, all you should have to do is open the door and then leave it up to the contractor, but in practice, the easier you can make it for us, the better the outcome is likely to be for you. Upturned dustbins, wheelbarrows, empty pots, buckets, stout cardboard boxes etc., are all good for protecting anything that is a bit fragile. I find old curtains and dust sheets much better than sheets of plastic, which can be slippy underfoot.
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Re: granting access to neighbour through my flat

Postby likegreenthings » Sun Jun 09, 2013 4:03 pm

Hi arborlad

Thanks very much for that advice. V useful.
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Re: granting access to neighbour through my flat

Postby Treeman » Sun Jun 09, 2013 4:30 pm

If they are going to be carting the cuttings through your home I would want a security deposit and proof of public liability insurance.

I would also want a written method statement agreed in advance.

Document the condition of your property before they start. If the contractor has anything about them they will do the same thing.

Remember you aren't the client, the client can withhold payment so they will do as they are told by the client but you don't have that leverage, get yourself some leverage.
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Re: granting access to neighbour through my flat

Postby likegreenthings » Sun Jun 09, 2013 6:55 pm

Hi treeman.

On the second time of asking my neighbour for contractor details I got the contractor website and they are covered re public liability.

However I haven't seen/been offered a method statement - that's a good point. I have been trying to confirm the details with the client but I am not sure if that is the same as with the contractor?

I'll definitely get the camera out.

Thing is I was very amenable at the start of all this but it has turned a bit sour since a date I didn't want and a time which is not suitable were booked without my agreement and cannot apparently be altered. I am still trying to be a good neighbour and have decided it is best to let it go ahead now rather than later as it will have to be done but I do not have faith in them and a method statement would certainly help. Wouldn't that be something they would have to do for H & S reasons anyway?

They will be taking the cuttings not through my flat but through my neighbour's flat (there is a staircase from a communal garden area which she can access) however they do require access through my flat to bring through and then remove a ladder which will not go up her stairs. A security deposit is a good idea. I have moved as much as is possible away but somethings cannot be moved eg fixed bookcases etc and these are narrow London terraces with narrow corridors. Thanks very much for your advice.
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Re: granting access to neighbour through my flat

Postby Treeman » Sun Jun 09, 2013 7:45 pm

likegreenthings wrote:Hi treeman.

On the second time of asking my neighbour for contractor details I got the contractor website and they are covered re public liability.

However I haven't seen/been offered a method statement - that's a good point. I have been trying to confirm the details with the client but I am not sure if that is the same as with the contractor?

I'll definitely get the camera out.

Thing is I was very amenable at the start of all this but it has turned a bit sour since a date I didn't want and a time which is not suitable were booked without my agreement and cannot apparently be altered. I am still trying to be a good neighbour and have decided it is best to let it go ahead now rather than later as it will have to be done but I do not have faith in them and a method statement would certainly help. Wouldn't that be something they would have to do for H & S reasons anyway?

They will be taking the cuttings not through my flat but through my neighbour's flat (there is a staircase from a communal garden area which she can access) however they do require access through my flat to bring through and then remove a ladder which will not go up her stairs. A security deposit is a good idea. I have moved as much as is possible away but somethings cannot be moved eg fixed bookcases etc and these are narrow London terraces with narrow corridors. Thanks very much for your advice.



Have you seen a certificate? Anyone can write something on a website, get sight of the certificate and call the broker to make sure they haven't got a payment plan they have defaulted on.
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Re: granting access to neighbour through my flat

Postby arborlad » Tue Jun 11, 2013 10:43 am

nothingtodowithme wrote: god advice.


.............recognition at last :) despair will be jealous.
Last edited by arborlad on Tue Jun 11, 2013 11:27 am, edited 1 time in total.
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