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    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
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Construction Access Via my Flat - 1 week notice, non-essential work


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Thanks in advance :-) for any insight here...

 

Background:

I live in top floor flat with ONLY loft access possible through my entry way in my private flat. My landlord runs and owns business in ground floor. My landlord has, in the past, stored item in the loft, accessing them through my flat's entry way.

 

Issue 1:

Today landlord emails me to say "We will be updating the loft and builders will be accessing the space through your flat for 5 to 8 days." I am not comfortable with complete strangers traipsing through my flat for 8 days, and I only have 1 weeks notice.

 

Questions:

a) is this legal?

b) do I have any rights?

c) if it is legal, what is the required amount of time a land lord should give?

 

Issue 2:

Landlord provided 1 weeks notice before scaffolding was put in place over entire building. Despite my renter right to "live undisturbed" this is not happening as people argue outside my bedroom window at 8am in languages I don't speak.

 

Questions:

d) what is the legal amount of time a landlord must give to tenants before works like this happen?

 

Many thanx! I have found slightly similar thread here, though not the same issue:

301953-help-with-landlord-dispute (I may not post as link since I'm a new member:)

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Hi

 

It may be quiet at the moment but please be patient and you will get good advice from other caggers.

 

Have they informed you when the works will start and finish each day?

If this access is in your flat what protection measures will be in place i.e. dust/damage etc?

Are their any clauses in your tenancy agreement to allow this?

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What work does LL have planned for the loft?

Do you have right to access the loft in your AST?

 

IMO it is legal for LL to gain access to your flat for required repairs/maintainence with min 24 hrs Notice in writing (if not an emergency). Adjacent radesman work should only occur between 08.00 and 18.30 hrs weekdays and only till 13.30 hr on Sat.

Despite LL having given the requisite Notice in writing, it is advised that mutally convenient times for access are agreed before Contractor engaged. Asssuming you have no right to access the loft in your AST, then he needs access to your flat as a thoroughfare to loft. Does AST specify any rights for LL to access loft via your flat? If not, you prob could refuse access to your flat for transit.

So we are back to reason for work. if it is for roof repairs that cannot be done externally, or install loft insulation, which would benefit both you and other Ts, then perhaps you can arrange a trusted friend to flat sit in your absence, but to install a converted loft bedroom etc for a new T, deny access to your flat.

I note your flat is above LLs business premise. Are you the only residential T and do you have an AST or other contractual TA?

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Thanks for your ideas, I've put my answers below! :-)

 

What work does LL have planned for the loft?

 

A: The landlord wants to access the loft to make it a more suitable storage space (I'd assume this means proper floor, built in cabinets - for the business downstairs to store more in it with access only via my flat)

[/i]

 

Do you have right to access the loft in your AST?

 

A: LL consistently says it's not our "right" to use the loft as we don't rent that, but that they will kindly permit us to but items in it. To keep things simple, I refuse to use it.

 

IMO it is legal for LL to gain access to your flat for required repairs/maintainence with min 24 hrs Notice in writing (if not an emergency). Adjacent radesman work should only occur between 08.00 and 18.30 hrs weekdays and only till 13.30 hr on Sat. Despite LL having given the requisite Notice in writing, it is advised that mutally convenient times for access are agreed before Contractor engaged. Asssuming you have no right to access the loft in your AST, then he needs access to your flat as a thoroughfare to loft. Does AST specify any rights for LL to access loft via your flat? If not, you prob could refuse access to your flat for transit.

 

A: I'm not sure if AST mentions loft access. Will check.

 

So we are back to reason for work. if it is for roof repairs that cannot be done externally, or install loft insulation, which would benefit both you and other Ts, then perhaps you can arrange a trusted friend to flat sit in your absence, but to install a converted loft bedroom etc for a new T, deny access to your flat.

 

A: Yes, the purpose is to update the loft for the LL's convenience, nothing to do with my flat or insulation.

 

I note your flat is above LLs business premise. Are you the only residential T and do you have an AST or other contractual TA?

 

A: There is 1 other property below us on the first floor. We are the second floor.

[/i]

 

 

Many thanks for your insight, I can't thank you enough! Any other ideas, much appreciated!

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Thanks for these ideas. No, I haven't been informed of building times each day. I will also ask about protection measures, thanks v miuch for such a good idea. I think I'll ask that locks be installed on two rooms in the flat. Sadly, I am not able to access my tenancy agreement right now but will check it when I can. :-)

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I would also point out that Building Control may have to be consulted regarding access, loading, use, fire regs etc.

Health and safety may also have to be considered regarding access to storage area, especially if only loft type ladders used ( unsafe if handling boxes etc. ).

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