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Help we are being held prisoner!!!! Is THIS lawful??? Landlord problem!

tanzwutdream · 2007-05-22 17:18:19

Didn't know where to put this, was told this section maybe the best to get this noticed. I really need help and quick! :( A landlord of the building opposite us is demanding £300.00 off us so we can get in and out of our area as the only entry and exit point is through his building's archway!!!! There is no way we can get…

Comments

Melissa177 Posts: 1,727 Forumite

23 May 2007 at 2:36AM

This has to be illegal. From the looks of the photos, yours is not the only house that is affected. Perhaps you could speak to your neighbours, ask them what this guy has said to them?

Errors of opinion may be tolerated where reason is left free to combat it. - Jefferson
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wisbech_lad Posts: 295 Forumite

23 May 2007 at 4:07AM

Spray paint should also work on the CCTV's.

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itsakidsworld Posts: 556 Forumite

23 May 2007 at 5:25AM

First point of call is the local town hall with your full address. They will check records of when property constructed and access rights. If this is and always has been the only access then you are fine. If it is private and the original access has gone ( sold off but highly unlikely) then you have a problem.

If you are renting which from the way you posted suggests this then you have nothing at all to worry about. Contact your landlords and let them deal with it.

He says he will give emergency services a key? Do you think the fire brigade will have a set a keys for all the properties and then when they need access they will say " hold on a minute, just getting the key from the cupboard, now which one is it on this pretty coloured key ring"?

The guys a freak and needs putting in his place.

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Liz1966 Posts: 151 Forumite

23 May 2007 at 6:49AM

I'm a little rusty on the most recent CCTV requirements but you used to have to register schemes like this with the Information Commissioner & follow the guidance that is issued. There is more information on their website: http://www.ico.gov.uk/for_organisations/topic_specific_guides/cctv.aspx
The contact tel: numbers on the website are:
08456 30 60 60
01625 54 57 45

I used to be involved in CCTV schemes from the Community Safety perspective & they were not allowed to be placed so they could see into properties. There are ways of installing a camera & blocking parts of the images so the camera could show an access path but have the windows & gardens blocked out. However, this involves close cooperation between the CCTV operators & CCTV installer which clearly hasn't happened.

Good luck with resolving this.

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110frankie Posts: 415 Forumite

23 May 2007 at 7:02AM

That archway is obviously a right of way. Common sense and eyesight tells us that.
If a right of way is blocked then you have a right to "abate" it. That means you can remove it.
He's trying it on.
Like others have said, the town hall is the first port of call, and your local newspaper the next, your landlord, a Housing Association? is the third..
I think you said the council sold the property, which includes the arch and the road below it, to the landlord?
The council could not sell the right of way that already existed. To amend or close a right of way takes a long legal process.

If he fits the gates before the Council and your landlord make it clear to him that he cannot do it then walk up to the gates and telephone the police telling them that you have been locked in against your will.

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Guy_Montag Posts: 2,291 Forumite

23 May 2007 at 8:54AM

It says a lot for the state of democracy in this country that you get suggestions about going to the press & countless others before anyone mentions getting in touch with your elected representatives.

So get in touch with your councilor (probably more relevant) and MP, they should have their surgery number in the phone book.

Good luck

"Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.
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harryhound Posts: 2,662 Forumite

16 July 2007 at 2:37AM

http://www.gardenlaw.co.uk/phpBB2/

That forum would be happy to chew over your problem.
I'm not a fan of gated communities BUT if there is a problem with antisocial/criminal access a gate can be put up provided you are GIVEN a key.
There is a difference between a ROW on foot and a ROW with wheeled vehicles.
The general law does NOT like landlocked sites.
If you can find an oldest inhabitant prepared to swear a document at a local solicitor & commissioner of oaths saying he/she has been driving through that arch as of right for 20+ years to gain access to a property on the other side, you should be home and dry, (if that person comes across as an honest citizen with no axe to grind).

However, that said, it looks like you might be up against a slippery smart@rse, who is just trying to extort a fee out of proportion to his costs, so be aware that going to court could be risking a 5 figure sum.

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Loretta Posts: 1,101 Forumite

16 July 2007 at 2:40PM

I know nothing about this but I am thinking if this man bought this land from the council surely the council would have arranged in their paper work at the time of the sale/purchase, that there is some sort of public right of way for you to get to your properties, I think that there is a proper name for this but I can't remember. Either they would have or should have made sure this would continue or if you all used this access for a certain length of time you have established a right to use it.

I think the first stop is the council and I do like the idea of you all telling this bloke that you have legal expenses insurance! I think that he is trying it on

Loretta
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beingjdc Posts: 1,680 Forumite

16 July 2007 at 4:53PM

I believe the legal phrase is "easement of necessity".

Hurrah, now I have more thankings than postings, cheers everyone!
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real1314 Posts: 4,432 Forumite

16 July 2007 at 8:43PM

Given that the OP hasn't come back, and before today's 3 responses, the last post was 23/05/07 (just over 7 weeks ago), I'd say the OP has either resolved it or starved to death on a point of principle.

No point carrying on with a thread the OP will (presumably) not be reading.

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