Neighbour blocking access to flat.

Superbiatch

BehindTheBarricades wrote: »

Thanks once again for the reponses.

How should I contact the fire service if I go down this route? Is there any way of enforcing the verdict if they say the junk has to go?

Your landlord or management company should be interested in this. I was recently told to remove a plant from our 'communal' area as it blocked my fire exit by the management company. Signage should also be put up IMO.

Google fire brigade, your local area and smoke alarm fitting. That should give you a starting point and get them out to do an 'inspection'

BehindTheBarricades

Thank you. It is looking like the best option may well be the fire assessment.

The right of way is over next doors' property so neither my landlord nor management seem willing to do anything although it is a condition of everyone's lease that we don't block access ways. Would another avenue be to write to next door's landlord and, if anything, what would they be likely to do?

In the interim, I need this junk out of the way by Monday or I can't get my bike out, my main form of transport. Can I pile this junk up outside their door in the street if I give them a warning, or is that criminal damage? I just want it out of the way and can't sleep from stress. I've already got 2 scars on my leg from tripping over rubbish from last year. I don't want to have to struggle in and out of my own home like it's the flipping Krypton Factor or something.

Leif

It look to me that this is nothing to do with your landlord, and that interfering with the other persons property might put you at risk of prosecution. I would leave it, except in so far as you need to move it to get in and out of your property. You need to find the rights that you have as far as the passage way is concerned. Locate the document(s) concerned. Then take photographs of the passage way when blocked, and keep a written record indicating the time and date, and the nature of the items and degree of inconvenience. You will be able to build up evidence that they are routinely infringing your right of way. Write to the other landlord ASAP, explaining clearly the issue and that you have spoken and written to the other person. If the situation does not improve, write again to the landlord, and you might have to pursue a legal route. I don't know if this is criminal law or civil law, I suspect it is criminal law. And I think the council is the body to write to regarding rights of way. But I am ignorant of the law so with luck someone knowledgeable might add to this thread. But once you find out how you stand from a legal perspective, you can explain in your second letter to the other landlord how you will proceed. Incidentally, the other landlord might see this as a minor issue, so explain clearly that it is preventing you from carrying out your daily routine e.g. unable to get bike in and out of the property due to blocked access.

Frankly the other person sounds like a selfish ****.

BehindTheBarricades

Thanks, Leif, and all.

I've put in a fire assessment request and I've taken photographs. I'll write the letters as well. Some neighbours in the other blocks will take an interest as they use the garden. One of them is doing a reconstruction involving wheelbarrows and deliveries of gravel and stuff. It's not a daily inconvenience for them as it is for me, though, so it always ends up being me that finds it first and has to sort it out.

The immediate problem is what to do with the existing stuff. No response to my email this morning. It can't stay where it is and I haven't the time or the energy to deconstruct and reconstruct the pile every single time I need to get in and out. I've now got to go out for the rest of the day (assuming there hasn't been another dumping and I can still get out on foot). With any luck she'll move it later otherwise I'll have to try to speak to her tonight, but I'm not hopeful. She didn't bother to mention she had stuff to dump yesterday or check whether I needed to get anything through there, so it's safe to assume she dosen't give a fig what I think. It's fortunate she didn't turn up early. I'd booked a food delivery as I've been ill this week and too weak to get heavy shopping back on my bike. The delivery man couldn't have got through.

Sorry, that's more of a rant than relevant information, isn't it. I really am quite stressed.

MaggieBaking

I'm not entirely sure what the stuff is but if it was me and I needed to get my bike out and the stuff hadn't been moved... I would still be trying to speak to the tenant every day, not just wait for her to respond to the email.

After a few days of trying to contact, I would drag the bike out of my apartment, through any of her stuff (depending what it is?) If you damage anything with your boot as you're getting past so be it.

If you can't do this I certainly wouldn't move everything to outside her flat, I would move some stuff to a safe part of the building by her door and have a little bit sticking outside/out of the door but only move as much as you need to to get you and your bike passed. I personally think to move it all to outside her door would be antagonistic. (I think that causing a little bit of damage "by accident" trying to get your bike out will only go to highlight that she needs to take better care of her stuff and respect the reason you need for your entry way!)

devotee

She is blocking your fire escape. Councils are strict about that sort of thing so I'd contact them.

VfM4meplse

Leif wrote: »

Frankly the other person sounds like a selfish ****.

Just what I was thinking - no, hang on, a selfish, stupid ****. In fact some people are so stupid they should be jailed for their own protection, I think your neighbour falls squarely into this category!

BehindTheBarricades

Thanks all for the responses. I've just come home to find all the junk is still there. Boyfriend, who is larger than I am, had to move some stuff before he could squeeze in. I cannot believe she thinks this is in any way acceptable.

She hasn't been about in person to speak to. Her junk just materialised yesterday sometime between lunchtime and dinnertime. I've seen neither hide nor hair of her, hence the email.

The stuff she has left is mostly packed in plastic boxes nearly up to the ceiling with no give, so no chance of dragging the bike past or through it without moving it I'm going round shortly to see if she's in and, if so, will insist it is moved tonight. My only concession is that I will give her a hand up the stairs with it (which I would have tried to do if she had only asked) but it all has to go. At this point, I'm not bothered about antagonising her. I've tried to cooperate up until this point and this is what I get in return. I'd just like to stay on the right side of the law about sorting it out.

No I wouldn't. What I'd really like is to throttle her.

Owain_Moneysaver

The council (or an officer of the council), as the freeholders of next door, are probably the Responsible Person under the Regulatory Reform (Fire Safety) Order 2005. The responsible person must carry out a fire safety risk assessment and implement and maintain a fire management plan. You should be able to obtain a copy of that under the Freedom of Information Act as well as the identity of the Responsible Person officer.

The fire service is definately the way to go. Anything being stored on an escape route is (a) an obstruction, especially in darkness or smoke, and (b) additional fuel load, especially if arson is a risk.

paddy's_mum

BehindTheBarricades wrote: »

The freeholders for next door are the council

This is your get out of jail card. Councils have a huge amount of authority over properties they own. Your local counsellor may act on your behalf, particularly if you combine it with an approach to your local MP and if all else fails, contact the local newspaper.

The local Fire Brigade will be delighted to act and/or advise you. Not only does that justify their saving lives manifesto but any call they make to you is, quite rightly, viewed as practical experience. I'd bet money that there will be three or four guys just thrilled to come out and show you how to keep your access and fire escape free - they might even take up the cudgels with the local council on your behalf!

Pity there's no Protection from Idiots or Inconsiderates Act 1998!