Should neighbours offer compensation to my tenants?

Comms69

Happytosave wrote: »

We both have share of freehold.
No one has asked for the compensation- I am pre-emting my tenants. I was wondering if it's a done thing due them not have 'quiet enjoyment ' of the flat whilst all the work, as outlined above, is going on.

Why don’t you compensate them?

You are their landlord; you own share of freehold.

Out,_Vile_Jelly

I was in this situation in my last rental in a ground floor flat; it would have involved scaffolding up in the garden that was for my sole use and having my private side gate used all day by workmen. Based on previous work to the top flat, the workmen would also smoke without permission in the garden, leave mess inc their fag ends and constantly ask to use my loo. I was preparing to refuse access, but bought my own place and moved out.

You will need to be clear to tenants about agreed working hours, mess and shared area obstructions inc parking.

sal_III

Your neighbour and co-freehold owner has no financial relationship/obligation with/to your tenants.

If you and your tenants want to agree on some sort of financial compensation to prevent them from leaving or just "make it good" it's between you and them.

If you end up out of pocket, either because you paid compensation to your tenants or because they left and the property was not generating rent for a period, you should seek financial compensation from the neighbour as part of giving them the permission to carry out the work.

maisie_cat

Ms_Chocaholic wrote: »

What exactly will be your tenant's inconvenience?

No I don't think you can expect your tenants to receive any compensation. Is this your idea or have your tenants contacted you to ask you to negotiate for some compensation. If the latter, compensation for what exactly?

Well for a start builders stomping around on their roof will be a pain, the dust that seems to travel everywhere as well as noise, builders are not considerate! I would think this potentially breaches the quiet enjoyment rights that the tenant has & you may want to give them free rent for the period paid for with the hefty sum you have just received from the upstairs leaseholder.

p00hsticks

maisie_cat wrote: »

Well for a start builders stomping around on their roof will be a pain,

Except it's not 'their roof', is it ?

Unless I've misunderstood, we are talking about tenants in a ground floor flat - there is an entire other flat between them and the roof.


They may have builders going up and down past their windows though.....

SmashedAvacado

Who owns the loft space will depend on what the lease says. It is not clear cut unless you can show the lease wording. If you both own the loft space as owners of the freehold (ie it is not part of what is mentioned / shown as the upper flat demise) then the owner of the other flat has no right to do anything until they buy the loft space from you (and have it added to their lease). You could get 50% of the value of the loft space for this. That's the first thing to think about

davidmcn

p00hsticks wrote: »

Unless I've misunderstood, we are talking about tenants in a ground floor flat - there is an entire other flat between them and the roof.

They may have builders going up and down past their windows though.....

Much of the work may be in the loft, but if it includes things like installing a new staircase within the upstairs flat then that's likely to involve banging and drilling directly above their ceiling.

Plus people tend to take it as an opportunity to make other changes, upgrade the heating, etc etc.