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Party walls and lying landlords - what's my rights?
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julshk
Posts: 14 Forumite

I signed an AST only 3 weeks ago. At viewing I asked re work next door and told it was almost done and wouldn't affect me.
First the landlord wanted to "inspect the curtains" and have her agent inspect the same separately - only a few hours after taking keys. I thought that was suspect.
After paying for a hotel and travelling down from Scotland to attend this appointment she didn't show. The agent came the next day as arranged.
After trying to find a second suitable time for the landlord to "inspect the curtains" they were insisting on Saturday when our deliveries were due.
2 days after we moved in an aggressive worker came to the door and demanded I let him in to put scaffolding in my back garden. I knew nothing about it and refused as my lease prohibits permitting scaffolding or construction.
Three days after moving in they sent a letter at 730am threatening to use management keys to come in to inspect the curtains! As there was no valid reason to do such a thing I told them if they set foot in the place I'd call the police - we had previously showed up then offered 40 additional appointments - but none were suitable for her!
Long story - the property agent and the owner finally came at a mutually agreeable but forced time. By this point we discovered the inventory was made up in many places (describing old as new and plastic as crystal) The property agent refused to change it, was downright unhelpful and asked to leave. The owner admitted she had just wanted to meet us. Not a valid reason for the first week of harassment. We also found out our private, locked back path is actually shared by two other houses, one of whom's dog has already bit me.
That afternoon we received an email from the agent demanding we let the scaffolding be put up - he quoted a clause about repairing our property. But as the scaffolding was for the building next door we said no. At this point we found out they had lied from day one, the scaffolding had been up and the neighbours believe they had some deal to bring it down to trick someone into renting then to put it straight back up.
I have so far received two solicitors letters from the building owner next door. They threatened me with an offence and police. My lease has no party wall clause. The agents lied and will not help. The police have said they will only attend if it's life or death.
I am terrified. My locked gate and entire garden would be open to loud, nasty builders. And looking into my lounge, kitchen, bathroom and study. It's bad enough having neighbours use it (contrary to what the agent told me viewing too) I stay here alone most of the time on business, and I've been in tears every day since moving in.
I would not have rented has they told me. I've been harassed every day since moving in. I'm being threatened with committing an offence - I've never been in trouble, not even a speeding ticket and am a professional lady in my forties.
My understanding is that as an AST I'm not privy to the party wall act and that party wall awards allow access to others property when necessary? The builders have said they can do it from the the inside but they don't want to. I thought they could only force entry if it were necessary?
I'm terrified of "committing an offence" and I really can't afford much more than the 5k moving and deposits have already cost me.
I think the solution is to let the owner permit the scaffolding then go after the party wall building owner for damages and compensation, whilst also rescinding the tenancy and seeking full refund of all monies under the consumer protection act October 2014.
I just don't know. The party wall notice doesn't say anything about how long, what it's for, liability or damages - the back is already dirty from their work and they play loud radio all day long. The whole street is nuisanced by the road being blocked and one of our disabled neighbours is forced to use her wheelchair on a dark icy road that people speed down because of them. I also thought the party wall act was meant to protect people from this kind of stuff?
First the landlord wanted to "inspect the curtains" and have her agent inspect the same separately - only a few hours after taking keys. I thought that was suspect.
After paying for a hotel and travelling down from Scotland to attend this appointment she didn't show. The agent came the next day as arranged.
After trying to find a second suitable time for the landlord to "inspect the curtains" they were insisting on Saturday when our deliveries were due.
2 days after we moved in an aggressive worker came to the door and demanded I let him in to put scaffolding in my back garden. I knew nothing about it and refused as my lease prohibits permitting scaffolding or construction.
Three days after moving in they sent a letter at 730am threatening to use management keys to come in to inspect the curtains! As there was no valid reason to do such a thing I told them if they set foot in the place I'd call the police - we had previously showed up then offered 40 additional appointments - but none were suitable for her!
Long story - the property agent and the owner finally came at a mutually agreeable but forced time. By this point we discovered the inventory was made up in many places (describing old as new and plastic as crystal) The property agent refused to change it, was downright unhelpful and asked to leave. The owner admitted she had just wanted to meet us. Not a valid reason for the first week of harassment. We also found out our private, locked back path is actually shared by two other houses, one of whom's dog has already bit me.
That afternoon we received an email from the agent demanding we let the scaffolding be put up - he quoted a clause about repairing our property. But as the scaffolding was for the building next door we said no. At this point we found out they had lied from day one, the scaffolding had been up and the neighbours believe they had some deal to bring it down to trick someone into renting then to put it straight back up.
I have so far received two solicitors letters from the building owner next door. They threatened me with an offence and police. My lease has no party wall clause. The agents lied and will not help. The police have said they will only attend if it's life or death.
I am terrified. My locked gate and entire garden would be open to loud, nasty builders. And looking into my lounge, kitchen, bathroom and study. It's bad enough having neighbours use it (contrary to what the agent told me viewing too) I stay here alone most of the time on business, and I've been in tears every day since moving in.
I would not have rented has they told me. I've been harassed every day since moving in. I'm being threatened with committing an offence - I've never been in trouble, not even a speeding ticket and am a professional lady in my forties.
My understanding is that as an AST I'm not privy to the party wall act and that party wall awards allow access to others property when necessary? The builders have said they can do it from the the inside but they don't want to. I thought they could only force entry if it were necessary?
I'm terrified of "committing an offence" and I really can't afford much more than the 5k moving and deposits have already cost me.
I think the solution is to let the owner permit the scaffolding then go after the party wall building owner for damages and compensation, whilst also rescinding the tenancy and seeking full refund of all monies under the consumer protection act October 2014.
I just don't know. The party wall notice doesn't say anything about how long, what it's for, liability or damages - the back is already dirty from their work and they play loud radio all day long. The whole street is nuisanced by the road being blocked and one of our disabled neighbours is forced to use her wheelchair on a dark icy road that people speed down because of them. I also thought the party wall act was meant to protect people from this kind of stuff?
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Comments
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Exactly what criminal offence do they think you may have committed?
The police don't seem to be interested, probably because it is a civil matter."You were only supposed to blow the bl**dy doors off!!"0 -
maninthestreet wrote: »Exactly what criminal offence do they think you may have committed?
The police don't seem to be interested, probably because it is a civil matter.
They say it is an offence for me to refuse entry to them and they will bring the police to force their way in. The police have denied they would do this unless there was an emergency. Ive never seen their award indeed i was misled that there was no such thing in place as its not in my lease and was hidden when asked.
I dont want to get done for just trying to protect my home and safety.0 -
They say it is an offence for me to refuse entry to them and they will bring the police to force their way in. The police have denied they would do this unless there was an emergency. Ive never seen their award indeed i was misled that there was no such thing in place as its not in my lease and was hidden when asked.
I dont want to get done for just trying to protect my home and safety.
http://www.planningportal.gov.uk/uploads/br/BR_partywall_explain_booklet.pdf0 -
Thank you! I have so much information its just finding the cash to pursue this properly right now too! I really do feel ill with it all0
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Ignore their bluff to get the police involved, who have already stated they would not force entry to your home merely because you are refusing entry to the neighbour's workmen. You have the right to quiet enjoyment of your property for the period of the tenancy. Can you confirm that that you have an Assured Shorthold Tenency (AST).
If you have been bitten by the neighbour's dog, you may want to read this:
https://www.gov.uk/control-dog-public/overview"You were only supposed to blow the bl**dy doors off!!"0 -
Yes i have an assured short tenancy. Ill just avoid the dog to be honest - i was only bruised not bleeding. Thank you for your advice.0
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