party wall and tenants

[chappers2341]

Hi All

Wondering if any of you legal eagles could shed some light on a problem that has come up with a development of mine.
I am fairly conversant with the party wall act , but possibly may not have served notice correctly in this case.
I served notice on the neighbouring owner of the property and with him being a friend of a friend he agreed to our works to excavate footings and erect scaffold on his property on the condition that we reinstated the ground on his side of the boundary, at the time this was done on the shake of a hand(subsequently he has agreed he would give this permission in writing if necessary).

My problem has since occured with his tenants, basically they are not happy with us carrying out works over the boundary nor us erecting scaffolding.

My question comes in several parts

1. If the LL gives us permission to carry out works and to access next doors property/erect scaffolding would he be denying them their right to quiet enjoyment of the property and therefore be open to any action from them.(I suspect the answer to this to be yes but was wondering if the PWA made a difference)

2.As tenants(on a 12 month lease)should we have served notice to them under the PWA

3. If the LL does not give us permission could the tenants envoke the PWA and seek an injunction to stop the works/take civil action against us for trespass or would this action have to be taken by the LL.

Many thanks

Gareth

[pilman]

The Communities and Local Government booklet is worth reading.
http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

Section 7
Who counts as an "Adjoining Owner"?
Essentially, an Adjoining Owner is anyone with an interest greater than a yearly
tenancy in the adjoining property.
The adjoining property may have a freehold owner, a leasehold owner and/or a long
term tenant, each or all of whom may be an 'Adjoining Owner' under the Act.
Where there is more than one owner of the property, or more than one adjoining
property, it is your duty to notify all Adjoining Owners.
7

[mk1fan]

Under the Party Wall etc Act 1996 an Adjoining Owner is a person or body/company that has an interest of 12-months or more to run in the property.

Therefore unless notice is served the day a 12-month tenancy is signed then notice is not required for a tenant. Periodic tenancies do not count as these can be terminated within a month.

Also it doesn't matter how long the tenant has been in occupation prior to notice.

ETA. If the LL gives consent (under the PWA) then the remainder of the Act does not come in to force. Also, the tenants can't enact the Act unless they are not carrying out any works. Nor do they qualify as an Adjoining Owner.