Tyneside flat, roof repair, neighbour refusing access

thebawp

Okay, so I currently own a first floor flat, which has a criss cross lease (also known as a Tyneside lease) where another couple owns the ground floor of the property.

Our roof needs to be replaced, and it's been one of our things to do since we moved in 2 and a half years ago. When it's very windy, tiles have come off the roof, and also last December we got 2 leaks in our back room which we had to have quickly repaired.

Anyway, we're finally in a position to afford a replacement, so I've contacted roofers to come out and give us quotes. Yesterday one roofer came, and whilst he was measuring up, our downstairs neighbour (husband) came out and told the roofer that under no circumstances could he put scaffolding up in the back yard or have access and that his lease says permission for access is at his discretion. The back yard is split on the title deed, with them owning the majority of it. They have a flat roofed extension which the roofer would probably need to utilise in order to repair our kitchen roof and access the back part of our roof.

I've checked our lease, and to me, it looks pretty clear that our neighbour is talking rubbish (same guy who 2 weeks ago had a go at me and verbally abused me because a tile came off our roof during high winds and apparently 'scratched' his window - he told me he was going to get quotes to replace the window and that I would be paying for it...said quotes still haven't materialised).

Terms of the lease are:

The other flat: All that portion on the building below the level of the top of the brickwork supporting the joists...and any other areas of land enjoyed exclusively within.

From the rights granted to the Lessee (myself)

The right with or without workmen at all reasonable times on notice to enter upon the Other Flat for the purpose of constructing inspecting cleansing repairing or renewing...any other structure or thing which cannot otherwise reasonable be inspected cleansed repaired or renewed the person exercising such rights doing as little damage as possible and making good all damage thereby caused with all due dispatch.

There is a bizarre lack of punctuation in the lease, so apologies for that, but didn't want to misrepresent the content. I cannot see anything that says this is at the discretion of the Lessor (i.e. downstairs neighbour). To me it says as long as we give reasonable notice (which we would - probably at least a few months as we are only planning to get it done over the summer) then they can't deny us access, and if we do cause any damage we'd have to repair it (though I guess this would be on the roofers insurance?)

I've also found that there's a Access to Neighbouring Land Act 1992, but it looks like it means we'd have to apply for a court order (which I'd guess is expensive). Are the terms on our lease enough for us to be able to have access? We have a terrible relationship with our neighbour, and have had to inform the police due to verbal abuse, spitting on our door, threats made etc (basically our neighbour has a problem with anyone living above him - other residents on the street have told me that he has always had problems with everyone living in this flat). But our roof needs replacing, so we need that access.

I was thinking of writing a letter to them, giving them notice, and including the above excerpt of the lease and seeing what they respond with - it's actually his wife that owns the downstairs flat (he is not named on the lease) so it would be her permission we need.

However, I'd like to get a second opinion or to before I do anything else.

thebawp

Well no replies, but thanks for reading. Just in case it helps any one else in future, I did receive some advice here: http://www.legalbeagles.info/forums/showthread.php?40570-Tyneside-flat-roof-repair-neighbour-refusing-access which I will be definitely taking!

G_M

The way to resolve this type of issue is, in order of preference:

* friendly negotiation over a cup of tea, reaching an agreement that you confirm in writing
* Formal notification via letter of your intentions, backed up by documentary evidence of your right
* court action

It seems unlikely from what you say, but the fact he was concerned about the damage (& potential danger?) of the falling tile might make him amenable to getting the tiles fixed. If he's not open to this via the -cup-of-tea- approach, move to step 2!

Out of interest, are you paying the full cost of new roof? If the cost is split 50/50, his reluctance might be based on the cost.

sgun

Hi,
I can't offer much advice but I do live in the area so understand how Tyneside flats can be problematic (I used to live in Benwell, followed by a stint in Bensham). G_M, they are probably not going to see eye to eye on this one! Your lease is correct, access cannot be denied to you or workmen who need to inspect or repair. It isn't often that someone kicks off about this but perhaps your downstairs neighbour has something to hide? (and I'm not making ANY asumptions about where you live, my Benwell neighbours were nice).

I think you should get a solicitor letter drawn up and delivered by yourself to their hand, this might (probably) will be ignored, but you then have the upper hand legally.

The garden situations with TFs can be difficult, I have had friends who have come home to find the new neighbour has fenced off and dug up part of the garden that they assumed they had bought (half the garden) where in fact the land ownership is very different. Does your neighbours extension fulfill planning regs and land registry rights?

Good luck!