Potential Cheeky Fucker (with diagram)

[MissTeri]

I may have me a PCF but wanted to ask other opinions on this first.

PCF has bought the flat above mine and is doing lots of work that will take up to 3 months, lots of noise/dust etc but I don't mind as it needs doing. Builder has been apologetic about noise etc I've said don't worry but we bump into each other often and have a chat now and then about PCFs plans for the flat.

Yesterday we got chatting about the garden. PFC garden is at the back and builder says he's having decking put in having all this landscaping and what not, says it's costing him X amount of money etc. It took a minute to dawn on me that the ONLY way a digger can access his garden is through my front garden, by taking a huge chunk of hedge from the bottom - builder confirms this and says they'll need to put a ramp up my garden steps and remove my fencing half way up! Builder was talking like this is a done deal and that I should ask PCF to dig up the bottom of my garden and get it levelled (it's sloped) by way of making things right again.

Upstairs owns. I rent from local housing association. Obviously permission will have to be sought from LHA but what about me? Do I get a say legally or not?

My other neighbour has been waiting patiently for an allotment for years, last year I told him he can use my bottom garden to grow veg in, we'd planned on doing it together with my son but haven't yet started. Now I'm assuming we'll have to wait for PCF to sort out his garden before we can work on mine?

Little bit miffed to be hearing of this after PCF has already priced it all up and then I spotted PCF stood on the path that cuts through my garden earlier, stood for ages just looking at my garden as if to decide what he's going to do with it! I'm not sure how bothered I am about him plodding through the garden with a digger, it will be noisy and mucky and mean that the garden is out of use to us for the duration but I don't mind putting the veg garden on hold for a while. I'd like to know, from a legal point of view as a tenant, if I can object to this?

Gosh. I don't know but I would be getting onto the housing association pdq. That is awful.

Definitely speak to the HA. I doubt he’s sought permission and if he has, you need to find out what that means about making good afterwards. That should be a watertight agreement!

Confront him and ask if he was planning on telling you. No idea if this is legal

Thanks, yes I think I'll speak with him first - I think I'm more peeved that he seems to have it all planned out and I've not been asked/told, it's the assumption that is annoying me I think more than the fact that he wants to do it. I'm feeling a little like his thinking must be 'oh well, she's only a lowly renter, she won't have a say in the matter'!!

He's def a c.f.

Nice neighbours come round and ask permission.

Contact ha. You pay rent for the privilege of having the garden.

Tell the builder you've decided not to have the digger in your garden.

They would have to ask the landlord if they're going to damage the hedge and they want access across the land. The landlord would have to ask you as you're entitled to quite enjoyment of the property, which doesn't involve having diggers going across your garden.

So start by saying no, not until it's been discussed with you and the landlord.

Talk to the HA as soon as possible. They own the flat and land, they’ll know the rights of way etc attached to the property.

They may not want a digger tearing up their property!

Speak to ha and find out where you stand.

Tell the builder you've decided not to have the digger in your garden. I think this is the bit I'm having most problem with, I don't want to say no just for the sake of saying no or because I'm feeling he's a CF.

It will inconvenience me, I won't have a garden for the time the work is being done, the digger will be back and forth past my living room and bedroom window (my bedroom is on the front top corner), I'll have to put my plans for a veg garden on hold, the noise and dirt will annoy me ... but if it's just for a week? maybe that's not so bad? I think I need more details from him before I object with HA? I'm just majorly pissed he has all this planned without, seemingly, any thought of how this will impact on me and my son!

How rude! I'd say get onto the HA asap as well because if that builder is chatty enough to have told you the plans including what CF is spending, I'd say he will be passing on the news that you're not that happy about it too.

It's not just for the sake of saying no! It's for all the reasons you listed...

Come on, don't cut off your nose to spite your face. Cut a deal to make it feel like your the winner. You'll be pleased you did when it's over. Don't lose out on a better garden for "the principle". He's a CF but a CF with a compromise.

I have known friends having a payment per week for the use of inside their boundary for access for building works. This may be something to enquire about too.

I wouldn’t object to the HA necessarily, but I’d find out the legal position- think of it this way, if it turns out you don’t have the authority to allow this use of their land, do you want to get into trouble for damaging said land?

You don’t have to complain yet but I’d certainly find out where you stand.

I'd say yes as long as the repairs include 4 raised beds set up and ready to plant up, and that it is done before the end of May. Otherwise you will lose this season's growing.

Definitely speak to HA and negotiate access on YOUR terms.

For instance, set access times for machinery. If you work, absolutely no access on your days off. If retired, no weekend work plus at least one weekday with no access - they should have plenty to do on these days whilst keeping in their own garden.

If you are planning a veg patch, maybe demand area is rotovated for you.
Be very precise about reinstatement of your garden. Any soil impaction caused by machinery must be aerated etc. Take lots of Before photos

If you have small children I would worry they could be hurt by the digger.
I would speak with the HA and ask that if they have allowed it they must assure you your garden goes back to the exact state it was in before work began- ask for it in writing.
And also ask for a guarantee of how long the work will last and no longer.
This will severely impede on your life. I would not be a reasonable as you are being. I think it is a shocking expectation.

You do need to alert the HA, as several posters have said. Does the PCF know you rent? He may just be thinking he can ride roughshod over your garden.

I'm really confused why you've posted this then. So there's probably going to be a digger and you probably don't mind. I think that's the end of the thread?

I'd complain to the HA.

Talk to HA.

If I were the person paying for the work to the other flat I'd expect to pay for access across the land, whether to you or the HA I'm not too sure but you'd have been the 1st port of call.

Does the PCF know you rent? He may just be thinking he can ride roughshod over your garden. - This is what I'm thinking but I did say to the builder yesterday that he'd have to get permission from HA.

I'm really confused why you've posted this then. So there's probably going to be a digger and you probably don't mind. I think that's the end of the thread? - I'm asking where I stand legally because as I said, I'm not sure if I mind or not yet. There are potential issues that I hadn't thought of that other posters might. IF I am allowed a say in the matter then I do want to put down some terms before the work starts because he is coming across as a CF. I want him to know that whilst I may have no objection that does not mean I will be taken for a mug by having it assumed that my being inconvenienced is of little matter or that he can do as he likes with little/no regard of how it will impact my life.

Just no, op. You pay rent for your home and garden - not for him to take away your privacy, your right to use your garden, your quiet enjoyment and dig up your garden without even speaking to you. If its like this already, just image how much worse it could get.

Stand up for yourself. You do mind the diggers and loss of privacy but you are too polite to say so. Tell the builder that you have not given permission for vehicular access over your garden. I bet he has just been told to do it. It is down to your new neighbours to sort it out. I would not agree because they seem rude and entitled and have no thought for you at all.

I'd get in touch with the HA first. They might just say a flat out no, in which case there's no point worrying.

If its like this already, just image how much worse it could get.

I would not agree because they seem rude and entitled and have no thought for you at all.

See, this is the crux of it for me. I do think had they asked me, rather than it being told to me as if it was something that would be happening, then I'd have just asked 'how long is the work going to go on for? how will you be making right the damage? etc' but probably have been fine about it. It's the assumption that this will go ahead regardless. Also, and I'm not sure if this is just in my head, I can't help feeling that as I'm just a renter and a woman that they just don't give a fuck - I feel if I was a man who owned my property there would have been some kind of discussion!