neighbours scaffolding attached to my house without asking me and left for two years

[displaycase]

This morning a very large section of my basement ceiling fell in because of a leak on the flat roof.

The back of my house has frosted sealed windows and is back to back with the neighbour, a restaurant chain about six feet away at the nearest point. The only way to see the roof is by clambering onto the roof out of a small access point in the basement (using a ladder balanced on a chest of drawers!).

Once on the flat roof, I discovered that 1) the neighbour has put up scaffolding and this scaffolding Is standing ON my flat roof, as well as being attached to my wall and clamped onto my window cill!

2) the restaurant chain have also dumped a massive extractor fan/air conditioning unit onto my flat room (I know it's theirs as it's still attached by wires through our party wall.

I went to the restaurant and told the manager that the scaffolding had to come down right away/fan removed as I need to get full access to the flat roof which needs to be replaced. Also the cause of the leak could be the weight of the scaffolding and the massive metal unit.

The manager thinks the scaffolding was put up two years ago by a pest control company, and because of the difficult access (the company lowered the scaffolding through a second floor window which they had to remove) they decided it was easier to leave it behind at the end of the job. They are literally no plans to take the scaffolding away!

SO not only was the scaffolding put on my property and attached to my property for a non urgent purpose, it was left there, on my flat roof, and then the extractor fan was fly tipped (along with general rubbish like the pigeon spikes and old food containers).

I told the manager he needs to remove it now, and if they can't remove it now my builder will. If my builder removes the scafoolding he will have to cut the poles down as they are too long to go through my house, so it will be very costly. I also want the damage documented as if they have caused the leak they need to reimburse me.

The manager says it will take a while for the slow bureaucracy of his organisation to authorise the scaffolding removal so he suggests I take the scaffolding down myself. However, he cannot promise that I will be reimbursed for this which is likely to be expensive (the scaffolding will have to be sawn down if it goes through my house as it is too long to get through the small access).

I need to get the scaffolding and extractor removed asap to fix my leaking roof and I definitely don't want to pay for it.

Anyone know 1) where I stand legally
and 2) what steps I can take ensure that they either do it immediately or I do it, and claim back the full money.

[displaycase]

and the first I knew about all of this was today - there was no agreement that the resturant/pest control company could access my property, let alone attach scaffolding to my house/place the weight of it on my flat roof.

[JemimaCuddleMuck]

I think the only way you can proceed is by getting a solicitor involved.

[redredrobins]

any chance you could do a diagram/show us a picture of the roof.

[redchocolatebutton]

have you spoken to your building insurance!

[Polyethyl]

You must get a property solicitor involved. Not a high street solicitor. Forcing an unwilling company to do works (or reimburse you) is slow and hard. Sorry.

[UtterlyUnimaginativeUsername]

You're definitely in solicitor territory!

[Her0utdoors]

Does your buildings insurance /bank account /other come with legal advice?

[MayFayner]

The manager says it will take a while for the slow bureaucracy of his organisation to authorise the scaffolding removal

And your reply is: well that’s a shame because the longer it stays up the more damage it can potentially cause which will increase the damages that you are seeking.

As for his suggestion that you take the scaffolding down yourself- no, because then the business could then claim that any damage was caused by your builder messing with the scaffolding.

I’d photo and document every single thing, then go to a solicitor as pps suggest.

[endofthelinefinally]

Photograph everything in great detail, document your conversations with neighbpur and call your buildings insurer asap.

[SunInTheSkyYouKnowHowIFeel]

Speak to your building insurance tomorrow and ask for their advice before talking any more with the 3rd party.

Also, take photos and videos asap before they change anything and remove any evidence, and document all your the conversations. Also write down the timeline of when the scafolding went up etc.

[displaycase]

Thanks for your advice. I'll call the insurers tomorrow.

[SunInTheSkyYouKnowHowIFeel]

Hope it gets sorted ok!