WWYD? Neighbours have put scaffolding into the garden of our rental house and are not moving it

[BoffinMum]

We rent a house out in the same village. We've had some lovely tenants in there but they have just given notice. We discovered on popping down to visit them that the people next door have started building an extension and put a load of scaffolding poles on our property in the garden, to prop up this extension, which goes right up to the building line. We knew they were building something as they asked us to sign a party wall agreement, even though we don't think there is a party wall anywhere on the property, but at no point did we agree to let them occupy our land in order to build the thing! They have also chipped several of our plant pots in the process. The neighbour is basically building the extension himself on top of his regular work, during odd weekends.

Apparently the scaffolding poles have been there for months and months, but we weren't told, either by the tenants or the managing agents. I emailed the neighbours and said that they needed to have to poles removed by the end of March, because people would be needing to view the property, and they didn't have our permission to have them there anywhere. They said they would remove them soon. Then end of March has come and gone, and I have sent a follow up email, but the poles are still there and the neighbour has not answered my email.

I am not sure whether to:

1. Write a stiff letter to said neighbours, sent recorded delivery?
2. Involve my solicitor?
3. Hire a scaffolding firm myself to remove the stuff that's on my land, after notifying them of my intentions?

i would just get a solicitor to write the letter tbh.

You need to read the Planning Portal guide to the party wall act 1996. You could have had a bond, a deposit, that the neighbour could have paid, and then forfeited, if he did not stick to his side of the bargain. If you have the date the scaffolding is to go written into the agreement, the solicitor can help. If not, I would try a stiff letter myself because he does not have the right to inconvenience you for ever more. You might need to counter claim as it might affect your business and income.

I second a strongly worded solicitor's letter calling for immediate removal of the scaffolding.

If both houses are detached, is the party wall agreement needed because they're extending right up to the boundary line, and so if you did the same it'd be a party wall? (I've no idea how it works).
Anyway if that's what's happening presumably the scaffolding is wholly on your property and therefore there will be tradesmen (in this case just your neighbour) on your property carrying out the building work?

Maybe it's worth checking whether he needs planning permission and whether building control need to be involved. It sounds like he may be a bit cavalier with regulations.

By immediate removal of the scaffolding I mean that I would be tempted to remove the scaffolding myself, giving a short notice period of up to a week.

I'd simply remove it myself if I could.

I think he does have planning permission, but I will double check. The extension is reasonable, but at no point did we give permission for them to put scaffolding on our land.

The problem with solicitors is that it tends to escalate things fast and cause fallings out. On the other hand I think they have overextended badly on this house so they may have to sell up or flip the property sooner rather than later.

I think removing it ourselves might actually be the least inflammatory action, oddly enough. How do you remove scaffolding?

No idea, but please be careful if you attempt it yourself.

It sounds like there's no boundary fence between you. Do you have any junk that you'd like to store in the neighbour's garden?

Do NOT touch that scaffolding.

If you do and it falls they will claim you damaged their property. You might also damage yours or have a very serious accident. You need a scaffolder to do it and only once you have a court order.

I'm sure I'm wrong but I'd still move it myself & then deal with the consequences afterward.

i would remove the scaffolding myself. i would take pictured before and after the removal so they had no come back. tell them to build the scaffolding inside their extension.

Quite often scaffolding has the name and phone number of the firm that erected it. Contact them and tell them it is there without permission and must be removed by "date".

If they build up to the dividing line then it means party wall agreement needs to be in place.

At the time of getting that they should have obtained consent to erect scaffolding and have access.

I suggest calling the building control part of your council.

There is an historic wall between the two properties that we just paid £1000 to have rebuilt before they started the work. I bloody hope there is no damage. We had a specialist in to do it who works on palaces and things. That wall is my pride and joy.

I don't think there is the name of a scaffolding firm on the scaffolding.

What is the role of building control at the council? Can they get involved in neighbour disputes?

It isn't a building control issue nor a planning one (unless they have specific planning conditions about access that they have breached). I'm afraid it's a party wall issue or an access/trespass issue both of which are civil matters - making it harder to enforce I'm afraid.
If you've tried talking to them, the next step should be a written letter giving a firm deadline for removal and what you will be doing if they don't comply (seeking legal redress for trespass /damage) , if this doesn't work I would speak to a solicitor about escalating this.
If the scaffolding is dangerous or unsecured (accessible by children for example) you could try speaking to your local Health & Safety Executive (HSE) office who may be able to send somebody out to have a word.
Beware this will count as a neighbour dispute that may need to be declared if you sell the property.

Yes, it is unsecured and the mentally impaired little daughter of the tenants could quite easily climb all over it, tbh. I am amazed they didn't make a fuss. It's been there something like 6 months. I am also amazed the agents didn't alert us to it in the light of their regular inspections.

I'd also have a word with your agents then

We've had this. They are trespassing on your land and you need to get a solicitor to write to them and tell them to remove it immediately. They should have asked your permission before erecting it and you have a right to refuse, even if it's to enable essential repairs to their property.
You can also demand a bond in case they damage your proprty while the scaffolding is on your land.

I know it's unsightly and an inconvenience, but is it really worth falling out over.

Neighbour is in the wrong but does it really matter.

Just go and speak to him face to face.

They need a party wall agreement as they are building within 2 metres of the boundary. We had one for our non attached semi.
I would ring the scaffolding company. It is awful but they could make life difficult for you if you go down the legal/taking scaffolding down yourself route.
You don't want loud music/rubbish in garden when prospective tenants are looking around.

We had this neighbour never bothered to ask, I got arsey, we don't speak now....not a great outcome for either of us.