to think this is a health & safety hazard or I don't have a (legal) leg to stand on?

[RedHeels]

I rent a first floor flat in a converted house where there is also only a ground floor flat. An elderly lady owns that flat and the landing outside my door belongs to her property too.

The neighbour keeps her walking frame outside my door, on the landing, which she doesn't use (she told me that plus I've never seen the thing moved and I'm in and out a lot as I work from here). 12 months ago we had a conversation about the frame as I thought it was a health and safety hazard as when I open my door and come out, there is a space of about 40 cm and then there is the frame. The landing outside my door is also taken up by the meters cupboard and her flat door is opposite the front door, the distance is maybe a meter. So whenever I come in and out I bump into the frame (not too mention the times when I have my shopping with me). Back then she said she was willing to take it in, but in the end I told her not to worry and that I don't mind, it being there (she's 80-something so I thought if it was more convenient for her, then be it, etc).

Now I knocked on her door, to let her now that I will be having a baby in 2 weeks and whether she could put her frame inside as I simply won't be able to wheel the pram out of my door to come out. I thought, in the light of the previous conversation, that my request was quite sensible. Before I finished speaking, I was told it's not her fault I'm pregnant and if I am pregnant I should not be living here. She said she won't move it and how do I dare to tell her what to do with her property. The old bat made my cry and finally I told her the frame just has to go.

When I want to wheel the pram out, I will have to pick her frame, move it outside the front door, wheel the pram outside and then put the frame back in. I even offered to put it in my loft but now apparently she uses the frame after the exercise (as I said, the frame is always there so that's not true but I guess it is beside the point). I will be calling my estate agent and the council on Monday but would appreciate any advice you might be able to give me in the meantime.

She's 80 she's unlikely to hear the baby crying though;-)

Is it that much hassle to move it each time? They are very lightweight.

If these are rented properties then she'll be in breach of tenancy agreement to keep the frame in the hall way as it's a shared fire escape.

By any reasonable standard it is interfering with your access, you should take this up with your landlord, now. Document the conversations you have had in a written letter to the landlord or their agent and ask them do sort it out, don't approach her directly again.

Hairytriangle I had to move it several times to get to the meters and yes, it is quite heavy (4 wheels - 2 large - and the frame is quite solid). Also I don't know if I have stitches or not after the birth, so I don't see why I should pick it up everyday and on some days more than once. I had to pick it up to move it last week and it put a pressure on my pelvis (I got a PGP but even if I hadn't...).

I think Greatgoose's idea about getting the fire service round for a safety check is simply brilliant, if they offer it in your area.
It will depersonalise the whole thing. And it's a good thing to do before having a baby in any case.

RiojaLover75 She owns her property, I rent. It seems she has more rights because of that.

Legally a shared access must not be obstructed by either party.

You both own/rent that patch of floor outside your respective front doors equally.

Be nice. She may have had a bad day when you spoke to her - been in pain or something. It is a hassle for you, but not completely beyond you managing. I'd lie in wait for her having a visitor and either knock on her then or catch the visitor on leaving and ask if there was a way they could help.

I'd try sweetening her up before going a legal route. Maybe you could take her chocolates and say you're sorry you upset her the other day (I know you're not really sorry and feel there is nothing to be sorry about, but a fake apology sincerely given can earn points), appeal to her experience as a woman of the world and ask her advice on what you can do to solve the problem.

Maybe do this when she has a visitor so they'll see how reasonable and kind you are and they'll back you up.

Maybe she changes her mind. If not I will first talk to the property manager (will write an email with the details as suggested).

I like the idea of the home fire safety assessment but it will be the last resort I don't want to scare her with burly (hopefully handsome) firemen.

www.fireservice.co.uk/safety/hfra.php

Call your local council- this can be classed as a hazard under the Housing Health and Safety Rating System and they can enforce the appropriate remedy:

22.32 Hazards in dwellings can result from:
(a) deficiencies solely attributable to the design, construction and/or maintenance of
the dwelling;
(b) deficiencies solely attributable to the behaviour of the occupants or neighbours; and
(c) deficiencies which are attributable to both the dwelling and the occupants
or neighbours.

See page 8 of:
www.communities.gov.uk/documents/housing/pdf/142631.pdf

Oops should have read the next paragraph before posting! Apparently (b)is excluded-

2.33 The HHSRS provides a means of assessing the dwelling. It is, therefore, concerned only
with those deficiencies that can be attributable solely or partly to the design,
construction and/or maintenance of the dwelling (i.e. those falling within 2.32(a) or (c)
above). This assessment is of the dwelling disregarding the current occupiers (if any)9,
and based on the potential effect of any hazards on a member of the relevant
vulnerable age group10. This is important and means that the assessment will not be
affected by a change of occupier, and that an unoccupied dwelling can be assessed.

I would look into negligence(duty of care)instead.

She might own the landing but presumably you are entitled to proper access to the flat you rent.

I don't know where you would look to find out for certain but I can't believe she can be in the right.

There should be a company managing the whole property/ house. She's compromising your access by leaving her walker out.

Anything left in the shared/ communal area is a fire hazard regardless of rental or owner status. Bikes, buggies, walkers, rubbish, temporary storage all should not be stored in the areas. Also it could invalidate your insurance in the event of a claim.

Talk to your agents..... urgently .

enabledebra - thank you for that, will have a read in a minute.

MorticiaAddams and RiojaLover75 I hope so. It seems like common sense, I was only afraid that at times the law and common sense do not become bed buddies.

Let's see what Monday brings.

My mum has one of those walker things and it is definitely an outside one. They are quite heavy to move. My mum uses her once a day for about 10 mins so maybe she is using it, but you just don't see.
put a piece of string/bit of flour on the floor and see if it moves
Miss Marples here !

It's not your fault she's old either, spiteful cow.

What difference would it make for her to keep it right behind the door. I would dump it right behind the front door on my way out. She can walk to the door and get it.

Look forward to your baby screaming all night and keeping her up

PS legally although she owns the hallway bit, you have definitely have a right of way over it. If you didn't, you wouldn't even be allowed to walk across it to get to your flat.

Could you:

1. Move the frame as near as possible to your door.

1. Leaving space for the pram between the frame and her door /front door.

If this is possible, it pretty much solves the problem.

I presume it cant just go in the meter cupboard (or just stick out a bit) ?

Maybe just stick her in the meter cupboard.

A1980 - I did ask her if she would like me to ring her bell every time so she can grant me access through her property so I can get to mine. She said "oh, there is no need for that". I don't think she got the tiny irone I was hiding there. On the other hand, if she is so posessive over her hallway that would be the next logical step.

Cumfy - I don't want to store the pram in the hallway, I just want to be able to wheel it out of the flat. If I moved the frame nearer to my door, I couldn't get out?

It was suppose to be the tiny bit of irony...
The rest of that paragraph not very grammatically correct either, my eyes and brain are starting to flag.