Scaffolding erected without notice

[Anna-Lou]

Well, I knew it would happen! I posted on this site last week regarding our freeholders holiding up our sale l by witholding information requested by our buyers solicitors. The exceeded the 30 legal time required to answer and have still not provided the answers, although we're told they plan to imminently.

I alos wrote about the fact that they had sent us a letter (dated 20 days ago) informing us that they planned to make repairs on the roof 'sometime in septemeber'. The letter did not give an exact date but it did say who would be doing the work and how much it would cost us (of course, they wouldn't forget that part!)

We wrote back to them giving our moving date (two weeks time) so they were aware that we would need full access to and from our entrance to enable us to move our possessions out and our buyers move theirs in.

Then what do you know, this morning I awake to the sound of scaffolding being erected at the front of the the property. No warning, no letter, just a great big pole stuck slap bang in the middle of the stairs (we live in the basement) restricting our access. I am unable to get my child's buggy up and down the stairs so it's an impossibility to think we can move the contents of our house.

I phoned the freeholder who claimed to know nothing about it (yet more lies) and told me to phone the other freeholder to deal with it. She then put the phone down on me telling she was 'a very busy person.'

I duly contacted the other freeholder who would not speak to me directly but asked her fiance to speak on her behalf. Pathetic.

These people are ruining our lives. They have still not provided us with our stautory right to a copy of the buildings insurance and other standard questions that would take all of a few minutes to answer and now they do this.

They claim that they did not know the company was going to erect the scaffolding today but I cannot believe them.

They are also suggesting we pay £2,000 (minimum) for the privilege of this sham that is threatening to destroy a five strong chain of people hoping to move in two weeks time. I have to say we could be forgiven for thinking they were deliberately trying to sabotage our move and make out lives a living, stress hell.

Am I right in thinking that they are in breech of the landlord and tenant act (s. 20)? and that as they have failed to comply with the legal notice periods we will not have to pay them? Could we just refuse to pay or would we have to go through another channel?

Please help!

[Donkin]

Your question about payment - If they haven't given the correct notice period see LEASE website http://www.lease-advice.org/scgrframe.htm - Consultation on Major Works. You will only have to pay the first £250 and nothing more at all with regard to the repairs.

Having been on the other side I know this is the case so they do not have a leg to stand on as verified by LEASE and various solicitors.

Of course you can make this a plus point by explaining to your potential purchasers that the roof is being fixed at no expense to them. Most people would be prepared to delay for this very good reason.

About the scaffold, if it is blocking your exit contact your Local Fire Station (not 999) and ask to speak to the Fire Safety Officer and see if they can intervene on your behalf. Residential flats are outside any enforcable fire regulations, but a fire route must be at least as wide as the widest door opening onto that route. If as you say the scaffold is in the middle of the stairs that affects your escape route.

The Local Authority, Building Control Officer would also be interested as the work to the roof will come under his jurisdiction and he has the power to have the scaffold removed.

Thirdly check your lease the ones attached to my property state for all purposes connected with the enjoyment of the Flat to go pass and repass over through and along the front pathway and the main entrance of the said building and the passage so if they have blocked any of your access they are in Breach of your Lease.