To push my downstairs neighbour to complete building work after long delay? (Advice pls)

[Wonderbug81]

I live upstairs in a Victorian conversion flat (leasehold, separate freeholder). The downstairs flat was bought two years ago by someone who decided to extend it and update it, including our communal hallway and path.

The neighbour started work 18 months ago. There's been a few issues with them ignoring building hours and turning off my water without asking but they've broadly been OK. 6 months ago the work pretty much stopped, with a filled skip left outside (attracting foxes and flytippers) and no tiles/proper floorboards left in our communal hallway. He told me 6 weeks ago it would be finished 'in a few months' but the builders are barely here once a week!

I'm considering selling my own flat this year but the front of the house is such a state and buyers will be put off by the ongoing work. I don't really want to tell him I'm selling as he's be even less considerate. I might say I want to rent it out instead.

1. Is there anything I can do legally to get him to move it faster (probably not I expect)? My freeholder doesn't really care but there is a clause in the lease saying they have to sort out disputes.

2. They usually working on Sat mornings but can't do much due to building noise hours. I might offer up the whole weekend as they seem to prefer weekends (assuming other neighbours don't object) but obviously would prefer not to do this!

It's not up to you to 'offer up' the whole weekend as you're not in charge of bylaws.

I'm not really sure there's anything you can do really?

I'm not sure I'd tell him you want to rent yours out incase he mentions it to the leaseholder.

I don't think the neighbours either side can hear anything (I speak to them regularly) and presimably the laws are there to protect neighbours like me who can hear it.

I am allowed to rent out or sell as I want.

Yes the laws are there to protect the residents in the borough.

If the builders were caught working outside of the permitted hours, they'd get into trouble whether you granted 'permission' or not.

Does the communal hallway and path belong to your new neighbour or all of you? I think you're very reasonable to push for that to be sorted as soon as possible particularly as it sounds like it doesn't have flooring at the moment.

But no one else except me can hear it. The gardens are big so the neighboure behind us, for example, won't be able to hear noise coming from inside our building.

I know this because he's done work outside hours before and I'm the only one of my neighbours who's heard it (and complained)!

Yes it's shared and I think I can legitimately get that finished. The bigger issue is the front drive which he owns and has the skip on it. So 0 kerb appeal for a buyer!

Builders and trades won’t agree to carry out work during council-stipulated quiet times, regardless of whether one neighbour has said they don’t mind and claimed that nobody else will hear any noise.

The communal areas you can require him to put right in a timely fashion or seek the freeholder’s intervention. If the skip is improperly / dangerously loaded or rubbish not being appropriately bagged, that can be reported to Environmental Health (and also to the skip hirer, whose interest it is to ensure customers abide by their safety rules.) The other stuff, you can’t, any more than if you lived in a house you could force your neighbour to tidy up their front garden or complain about the skip on their drive. It’s frustrating but ultimately just has to be managed with patience.

Thank you. He already does work outside the hours and I'm the one who's had to remind him to stop, so I don't think that he cares about the laws to be honest.

You can’t allow him to work outside of hours permitted by the council. That’s not your decision to make.

I misread the title and thought you were looking for advice about pushing your neighbour down the stairs!

Ha sorry, on reflection could have worded it better. Although if it carries on like this all year... 😂

An odd job man can work outside of any hours, just like a DIYer can

I dont understand how there are different freeholders, how does that work?

I bet plenty would hear van doors slamming at 8am on a Sunday morning. And what about the builders. Most want time with their families.

Sorry to clarify, I meant that the freeholder is separate e.g. neither my neighbour or I hold the freehold.

But as I said in my original message they're already working outside building hours themselves.

I'm the only neighbour who's complained (I know because I speak to them all about this).

I haven't said exactly what house I'd offer them at weekends. Clearly 8am on a Sun is too early although not sure it's all that different to any car or van door slamming at that time.

Did he get permission to make alterations to the structure from the freeholder? If so are you sure this included altering the communal areas (which i presume won't be part of his leasehold title)? The usual position is that the lease holder is granted a Licence to Alter by the landlord which specifies the extent of works, time period for carrying out and other restrictions.

You say the freeholder doesn't care but by failing to address the issue of permitted works (or not permitted works) not being completed within a reasonable time the obligation of quiet enjoyment owed by the freeholder to you in YOUR lease is breached and you could apply to the court for injunctive relief.

I'm assuming you're in England. If not what I've said might not be correct.

Who is paying for this, is it affecting the service charge and ground rent?

Thank you. Yes he did get permission so that's covered and in fairness once he does the work it will be an improvement.

Useful to know re freeholder options, at least being able to reference the legal options might make them a bit more likely to act.

No ground rent or service charge. He's paying for it all.

A lot of it is not your decision to make.