Access to neighbour's flat

[GWM 1971]

I have dry rot in my basement flat, and the contractor needs access to the flat above me to assess the extent of the problem. A date to access the flat above has already been ignored, and the landlord of the above flat is trying to contact the tenant to arrange another time. The tenant is not responding, and the landlord is not pushing it very hard.

Is there anything I can do to ensure my contractor is able to access the flat above? Without it the works will be delayed and the situation will only get worse.

Many thanks

[verylonglease]

Are you the leaseholder of the basement flat? Is who you call the "landlord of the above flat" the leaseholder of that flat? If the answer to both questions is yes and the leaseholder above continues to ignore your request (or his tenants for that matter), refer the issue to the freeholder and ask him/her to enforce the terms of the lease on the upstairs flat, which surely state that access must be granted for maintenance and repair.

If you own a share of the freehold with the upstairs owner, then I believe you have a right to demand access. If you are the sole freeholder of the building, then you also have a right to demand access and impose it on the leaseholder, based on the terms of the lease.