Can we take their crap off of our roof?!

[JohnnyMarr]

As the title outlines really...

My elderly mum is endeavouring to sell a garage. She's had a fair bit of interest, but we're experiencing a bit of an issue in that the garage (which is in a block, if this makes a difference) has a flat roof and the people living in the flat adjacent to it have taken it upon themselves to turn said roof into some kind of patio garden area and have installed garden furniture, a washing line, a barbecue and various other miscellaneous paraphernalia!

The title deeds make it perfectly clear that they don't have any legal right to do this, yet despite multiple (perfectly civil) conversations and subsequent written requests to either A) remove the aforementioned crap or B) Discuss an arrangement whereby we come to some acceptable agreement regarding maintenance and repairs to the roof they have failed to engage with either alternative.

My mum's personal circumstances dictate that she really needs to sell the garage and she's becoming increasingly distraught by the current BBQ debacle - whilst I obviously appreciate that this isn't a long term solution, are we nevertheless within our rights to just stick a ladder up there and remove their stuff given their prolonged refusal to cooperate?

I'd also really appreciate any other advice. Solicitors are involved but taking forever and costing a fortune my mum really can't afford until the garage sells so stuck in a bit of a Catch 22

Of course you can remove it!

Have you spoke to the police about it? Maybe carefully remove it and put anti vandal paint up (if that's still legal)

Get legal advice! They’re trespassing, could cause damage to the garage and could hurt themselves. The sale is the least of your concerns tbh, this has the potential to get really messy.

The CFs

Yes l, you most certainly can remove it, and I’d be doing so in order to paint the roof with anti climb paint

Absolute CFs. Yes of course. First give them another letter, referring to previous conversations (to make sure you are on the right side of the law) stating that on x date you need them to have removed their junk. State that if their stuff isn't removed you will remove it and expect them to pay for removal and any damage caused.

Solicitors are involved but taking forever...
Ask your solicitor, they are better placed to advise you than randoms on the internet.

The people who are using the roof, are they renters? You may be able to get the landlord to do something.

How are they accessing the roof?

@ANameChangeAgain

Absolute CFs. Yes of course. First give them another letter, referring to previous conversations (to make sure you are on the right side of the law) stating that on x date you need them to have removed their junk. State that if their stuff isn't removed you will remove it and expect them to pay for removal and any damage caused.

I would do this. remove by xxx date or we will remove and leave it in yy place. State that once it is removed it is up to them to collect and store.

And yes, paint the roof with anti vandal paint so if they go out there they will get covered in paint.

But, as a solicitor is involved, you really need to ask them first!

Personally I would send them a letter stating they have until X to remove their possessions from my private property. That they are trespassing as previously mentioned, and when I get a contractor (?) in if there is any damage as a result I will send them 3 quotes. The space is NOT designed to be used in this way.
However, we are selling the garage and if you want to purchase it and enforce the roof get in touch.

Remove and Anti climb/vandal paint (cheap to do yourself)

How long have they been using it for?

Contact the local council and complain about their fly-tipping.

I don't understand how they are getting access - can they walk out from their flat onto it?

What happens if there was an accident and the roof caved in?

Can you fence off their access?

I would put on writing that you will be removing their stuff on XXX date and then anti vandal paint.

Surely thats really dangerous? A garage roof isn't usually strong enough to hold all that stuff plus the weight of people, they're lucky they haven't ended up inside your Mum's garage!

Thank you all so much for your responses so far, we've genuinely tried to approach this reasonably to achieve some kind of amicable conclusion but they do indeed appear to be CFs!!

@LakeShoreD - Totally! We've explained to them that the roof isn't intended to be load-bearing and the potential H&S implications, and part of the reason for us needing them to vacate is so that we can assess and repair any damage that's been caused by their unlawful use!

@TooBigForMyBoots - I take your point, and in an ideal world I'd absolutely leave this in the solicitor's hands, I work a 6 day week, am a single parent already involved in a ridiculously prolonged and time consuming wrangle with the CMS/ICE and this is an added drama I could really do without! Financially though it's not really feasible for my mum to pay her solicitor to write letters which, to date, have met with total inaction and I'm obviously concerned for her and, frankly, averagely pissed off at the CF nature of it all!

@Muchmorethan - Their lounge is on a level with the roof of the garage and they've had a patio door fitted to access it!!

Just to clarify, they've received numerous letters, we've also spoken to them on several occasions and whilst they've made all the right noises these haven't actually translated into any kind of action.

The last letter they received stated that they were in fact trespassing and gave them a deadline of October 31st to remove their property.

It's still there

That sounds really dodgy, if they fell through the roof you'd be footing the bill in this crazy world for repairs & their damages. Get their stuff off, put it outside their door, lots of signs saying private, CCTV (even a little WiFi type camera for £20 pointed from an inside window), absolutely stake your claim categorically

patio doors need planning- do they have it?

Sell the fucking furniture and bbq too.

@YoungGiftedPlump

patio doors need planning- do they have it?

Wondering this too

Have you spoken to the council planning dept?

Letter with a deadline to clear it and then skip it if it's not gone. Cover the roof in anti climb paint and you can attach some anti bird/cat strips for good measure.

Does your mothers house insurance include legal help?

@Justilou1

Sell the fucking furniture and bbq too.

No, don't sell it. That would put you in breach of the Torts (Interference with Goods) Act.

If you’ve given notice in writing you should proceed with removing their equipment and repair the roof. I would make sure I had the deeds of the garage to hand and also advise the police in advance via 111. Having the deeds to had proves ownership and if they call the police you have already got your position logged with them. Ideally get the roof cleared and secured on the same day.

If you wanted to send a very clear message I would look at installing a railing or something similar on the roof across their patio doors. The railing would be on your property and they have no right of access.

They've fitted patio doors to access someone else's garage roof?! WTF?!