That's the problem, I can't seem to find it mentioned
Is this scaffolding OK in terms of neighbour border?
- Thread starter JP_
- Start date
That's the problem, I can't seem to find it mentioned
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You don't really have to look that hard!
Just take it like men and stop whinging cause you were wrong!
You tell me yours and I won't tell you mine.
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Oh that's clear then.
Conclusive proof that the landlord has rights to interfere with the tenant's quiet enjoyment of the property. How did we all miss that, when it was so obvious.
You second rate landlords must all stick together, and have the knack to read things that no-one else can, and interpret L&T law how ever it suits.
And that is much clearer.
Conclusive proof that the landlord has rights to interfere with the tenant's quiet enjoyment of the property. How did we all miss that, when it was so obvious.
You second rate landlords must all stick together, and have the knack to read things that no-one else can, and interpret L&T law how ever it suits.
And that is much clearer.
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Well actually, as has been explained but you don't seem to want to grasp, the tenants rights aren't absolute. Written into almost all tenancy agreements will be such things as not being a nuisance and so on. Even if it's the most easy going landlord and they don't put any of this in, the law makes the landlord responsible for certain things.
Yes, unwarranted insults will make you friends. Not.
Just because you seem to have a thing about landlords, doesn't make your rantings correct.
And for the record, I have once evicted a tenant for being a nuisance. It wasn't the primary reason, but getting me complaints from all but one of the neighbours, and scamming one of them, was certainly the tipping point.
So, had I been the landlord involved, I'd have probably done nothing more than asked them to stop being a prat. But if they'd been a lousy tenant (the sort that never pays the rent on time, annoys all the neighbours, damages the property, etc) then it could just have been the tipping point to a S21 notice.
None of that is in any way inconsistent with either being a good landlord, or the various (and there are a lot of them) laws that regulate landlords.
I now sit back and wait for you to call all that rubbish and how I must be a crap landlord.
Since when has parking a car on your own drive, a drive you have paid rent to park on and are fully entitled to park on, been considered a nuisance?
Can't wait for the answer.....
However, a scaffold encroaching onto that space may be considered so. In this instance, the landlord has no right, nor does he carry any sway in regards to where the tenant parks his car on the drive. Geddit yet?
It isn't. But for the hard of thinking, changing the way you park for (apparently, only the OP has seen things) the only reason of being able to moan about the scaffolding being close would be.
Anyway, assuming the tenant was otherwise a good tenant then my involvement would stop at asking him to stop being a prat.
Anyway, assuming the tenant was otherwise a good tenant then my involvement would stop at asking him to stop being a prat.
N
Newboy
So, as a good landlord, you fully understand the meaning of the phrase "quiet Enjoyment"?
http://www.foxwilliams.com/news/704
http://www.foxwilliams.com/news/704
All of those that keep pointing out law, rights, legal obligations etc. etc. can go tell it to a judge.
The law is ambiguous and open to interpretation - fight a civil dispute and you'll understand the difference between what is right and what is argued to be right - and it's usually the case of who has the deepest pockets to pay the smarted barrister to make the best argument. Take this to a judge and he'll more than likely to give you the opportunity to go and solve the problem like adults and stop wasting court time - been there, done that!
What do the police do on a daily basis? They use their judgement in situations to decide whether there's a need or merit in enforcing a law. They don't enforce EVERY rule break they see on a daily basis. What do you think a judge does? They don't always agree with an arresting officer or even a claimant - they make a judgement based on many contributing factors.
So by following your own advice I'd be quite safe in assuming that you're the sort of person that will quite happily step out onto a zebra crossing and think that the law and your rights will miraculously protect you and stop that approaching speeding car. Now in this situation I'd exercise common sense and end up living another day rather than stubbornly telling everyone, 'I told you I was right' with my last breath.
The OP did the right thing - he talked to the property owner - the property owner talked to the tenant to remind him to stop being a tw@t and it worked. The tenant didn't 'exercise his rights' and challenge the OP with a civil claim because he acted like a tw@t. If they talk like a tw@t and behave like a tw@t then they must be a tw@t. Now, the OP could have and should have knocked the boards down to three - yes, good solid advice where everyone wins. So maybe he's also a tw@t. A tw@tty thing to do, in all consideration, would be to install an 8ft fence along your border. Two tw@ts living next door to each other and not living next to me then everyone (meaning me) is happy.
Why, the way some of you talk I think you were tenants yourself....if you were landlords, even a second rate landlord, then you'd have a much much different perspective.
The law is ambiguous and open to interpretation - fight a civil dispute and you'll understand the difference between what is right and what is argued to be right - and it's usually the case of who has the deepest pockets to pay the smarted barrister to make the best argument. Take this to a judge and he'll more than likely to give you the opportunity to go and solve the problem like adults and stop wasting court time - been there, done that!
What do the police do on a daily basis? They use their judgement in situations to decide whether there's a need or merit in enforcing a law. They don't enforce EVERY rule break they see on a daily basis. What do you think a judge does? They don't always agree with an arresting officer or even a claimant - they make a judgement based on many contributing factors.
So by following your own advice I'd be quite safe in assuming that you're the sort of person that will quite happily step out onto a zebra crossing and think that the law and your rights will miraculously protect you and stop that approaching speeding car. Now in this situation I'd exercise common sense and end up living another day rather than stubbornly telling everyone, 'I told you I was right' with my last breath.
The OP did the right thing - he talked to the property owner - the property owner talked to the tenant to remind him to stop being a tw@t and it worked. The tenant didn't 'exercise his rights' and challenge the OP with a civil claim because he acted like a tw@t. If they talk like a tw@t and behave like a tw@t then they must be a tw@t. Now, the OP could have and should have knocked the boards down to three - yes, good solid advice where everyone wins. So maybe he's also a tw@t. A tw@tty thing to do, in all consideration, would be to install an 8ft fence along your border. Two tw@ts living next door to each other and not living next to me then everyone (meaning me) is happy.
Why, the way some of you talk I think you were tenants yourself....if you were landlords, even a second rate landlord, then you'd have a much much different perspective.
I understand the need to communicate with my tenants to ensure minimum disruption for either party. Trouble is I don't always get that back in return - usually when a payment hasn't been made for that months rent or the month after or the one after that. In fact, this is when the tenant learns a new super-power of invisibility! What law is there to protect me and my investment at that time? Cite the law and I'll tell you in practise it's bulls!t - or has been in my case. You can cite some jobbing solicitors article on a specific term all you want but as can be seen from it, it's open to interpretation.
Through many years of learning the hard way my check-list for prospective tenants has become quite strict and I'm more annoyed with myself if a tw@t of a tenant slips through the net because I know they're going to cause me problems down the line. Otherwise I think I do personally allow my tenants to live their lives with minimum disruption from me and enjoy a quiet enjoyment of the property - just pay the rent and all is good and if you do this consistently then I'll jump on any problems you might have straight away, in an effort for us to continue with our good relationship.
Does this sound like the words or a 'second rate landlord'? You'd be lucky have me as yours!
N
Newboy
I don't recall suggesting anybody was a "second-rate landlord" - I simply asked if a previous poster understood the phrase "Quiet Enjoyment"
And you have had the tenants' take on this have you? Gosh AB, you are gullible.
And if the tenant wanted the scaffolding shifting or else he was going to refuse to pay the rent - what do you think would happen then?
The intelligent amongst us realise this had nothing to do with the landlord at all. Just the tenant being affable.
I'm not getting into the "can I" "can't I" arguement but, I'd never use those scaffolders again if they'd done that for me, feckin reckless.
Looking at the 2nd photo, can that car be moved without risk of scraping?
Also, your scaffolders set themselves up for a 'damages' claim if your neighbour is a little dishonest. Any scratches on the car could be blamed on scaffolders and photos wouldn't help their defence.
Looking at the 2nd photo, can that car be moved without risk of scraping?
Also, your scaffolders set themselves up for a 'damages' claim if your neighbour is a little dishonest. Any scratches on the car could be blamed on scaffolders and photos wouldn't help their defence.
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