Is this scaffolding OK in terms of neighbour border?

[SimonH2]

That is a possibility. As I already implied, I'd want to hear the other side's version before jumping to conclusions.
But it's hard to see that it wasn't deliberate. After all, if they were going on holiday and just wanted to leave the car a bit further from the road, they could just as easily have put it close to the house - while they are away, they don't need to get past it.

Is there anyone here who wouldn't have put their car further away from the works once we'd been told about it ? Or are there people here who would stick their car right up to where the scaffolding is going - perhaps hoping something will be dropped on it and it'll give you something to complain about ?

 

[^woody^]

But it's hard to see that it wasn't deliberate

That's irrelevant. A landlord is not an arbitrator or judge of what tenants should or should not do, in accordance with some random standards they think people should live against. They have a contract to let the property, that's all.

The OP is responsible for all precautions necessary as a result of his work. Not the neighbour.

 

[SimonH2]

The OP is responsible for all precautions necessary as a result of his work. Not the neighbour.

Perhaps you could suggest anywhere I even hinted otherwise ?

And as to "A landlord is not an arbitrator or judge of what tenants should or should not do", well yes - to a point. But the moment he gets a complaint from neighbours then he starts having to make decisions - is it a valid complaint ? is it something that falls under any restriction in the tenancy agreement ?

If a tenant starts having a rave every night until the early hours, with the sound turned up to 11, etc - are you suggesting that the landlord still has no right looking into it ? OK, how about opening a drugs "shop" and having all the "undesirables" from miles around all congregating ?
Yes, extreme examples, but you either accept that even under such extremes the landlord has no rights or responsibilities - or you accept that a tenants right to quiet enjoyment doesn't mean they can do absolutely anything they want in/with the property. At some point in the vast gulf between those extremes, the landlord will have to arbitrate and judge what is or isn't reasonable - and under some circumstances is required by law to do so.

In this case, if I were the landlord and had a complaint, I would talk to the tenant and get his side of the story. If he's sensible I'd probably leave it at pointing out that his behaviour wasn't in the best interests of harmony - even if it is something he's perfectly entitled to do. As others have pointed out, he'd be the loser if a fence went up on that boundary because relations had broken down.

 

[noseall]

The tenant has parked his cars there because he can. There is no crime in this.
Reading betwixt, my guess is that he put them there so as to deter the neighbour from erecting the scaffold whilst he was away.
The fact that the scaffold had been erected in any case and right up against the tenants cars, is a recipe for a quarrel.

 

[noseall]

If a tenant starts having a rave every night until the early hours, with the sound turned up to 11, etc - are you suggesting that the landlord still has no right looking into it......

....blah blah blah.

Woody is saying that if the tenant is acting within the tenancy agreement then he is doing nothing wrong. If parking the cars on the drive is allowed within the rules, however contentious to the neighbour, then there are no grounds for the landlord to get involved.

Spouting on about raves and noise nuisance is irrelevant.

 

[ey143]

Could someone please advise how much width is consumed with either a 3 or 4 boarded system, as we will soon be in a similar dilemma except that we have detached properties but I will require the use of my neighbour's land as we only have 0.5m space from the side to the boundary.

Thankfully our neighbours are being nice about it but I want to minimise any disruption to them, so will try and ask for 3 boards,. How much extra can you expect to pay for netting?

 

[noseall]

If your neighbours agree, then you would be daft not to go for a five board scaffold, as long as there is room.
It will make no odds to them whether it is three, four, or five as long as it not prohibitive.

 

[noseall]

Each board measures about nine inches plus a couple of 50mm stanchion thicknesses and a wee bit if pudlock overhang.

 

[ey143]

Ok so about 1.2m all in with 5 boards? So using about 70cm of their side (if we have 0.5m border)?

Thx.

 

[^woody^]

tc - are you suggesting that the landlord still has no right looking into it ?

That's exactly how it is.

A landlord has no right to look into anything, unless it's an issue affecting the tenancy agreement. If neighbours have any issues, they take them up with the tenant or the authorities as appropriate, not the landlord.

The tenant had the legal right to be left alone by the landlord.

The landlord is not a judge. If the landlord thinks there is a tenancy breach serious enough to seek possession, then a Judge will make that decision. Otherwise the landlord had no rights to tell the tenant how to live or use the property unless provided for within the tenancy terms - even then the terms must be reasonable and lawful to be valid.

 

[SimonH2]

Sorry Woody, with that last post you have demonstrated beyond any doubt that you have little idea about the law around tenancies. You have made several statements now which are absolutely not true.

For the avoidance of doubt, I am not saying that the neighbour doesn't have the right to park the cars where he has - and I've never said otherwise. He's an idiot, but as you say that's not grounds for the landlord to get involved.

But as a landlord, if someone makes a complaint about a tenant then I'll look into it. If it were you making the complaint you'd expect a response - even if it's "sorry, nothing to do with me and nothing I can do". But I hope no-one here thinks it would be fair to respond to a complaint without hearing the other side - and that would mean speaking to the tenant.
I don't think it would be unreasonable to point out that deliberately putting the car there, it's not exactly the best way to stay friends with the guy that's gone out of his way to allow you to use his garden to get in and out of your car ! And that would probably be the end of it.

 

[longdogs]

Put some 6" nails under each tyre. Oops!

 

[noseall]

But as a landlord, if someone makes a complaint about a tenant then I'll look into it.

Looking into it and being able to do a darn thing about it are completely different. You have shown that you are not getting Woodys' stance, or the law. Again.
If the guy is allowed to park his cars there or if he does anything else that the tenancy agreement allows him to do, then there is sod all you can do about it. GEDDIT YET?

I don't think it would be unreasonable to point out that deliberately putting the car there, it's not exactly the best way to stay friends .

Blah blah blah....and still just as irrelevant as far as tenant-landlord agreements go.

 

[noseall]

Put some 6" nails under each tyre. Oops!

Brilliant solution, then the cars remain there for even longer.

 

[angelboy]

In civil law, a landlord can be liable for the actions of his tenants if he fails to take reasonable steps to abate a nuisance caused by the tenants. Even if he's not aware of it he can still be liable.

Octavia Hill Housing v. Crumby
Sedleigh-Denfield V. O'Callaghan

If the OP talks to the landlord - as I first suggested - then he responsible for the actions of the 'adopted' tenant and therefore must respond - even if the response is that there's nothing he can do.