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Original poster

Downstairs neighbour won't allow skip in her garden

61 replies

Plump82 · 25/04/2021 12:34

I live in a building with one other flat below me. We are in the process of arranging to get the roof replaced. The roofer has said we might not get a skip permit as there's a bus stop right out side. He asked if the skip could go in the garden and when asked, my neighbour has said no. Nothing to do with her grass being damaged, but that when internet was installed they damaged the wall. The roofer has said if the council say no, then there's no way of getting the roof done.
I'm at my wits end with this as every time it rains we get more and more damage. There's been countless delays all caused by her because of course she's not directly impacted with the water damage.
Does anyone know of any way around this. This has been going on since September and I just want it done.

OP posts:
Disfordarkchocolate · 25/04/2021 12:37

Is it her garden or a joint garden?

BeechTreeView · 25/04/2021 12:37

You’ll have to get council to suspend bus stop. There’s a form.

UCOinanOCG · 25/04/2021 12:37

Maybe start with trying for a skip permit. Failing that can you offer to pay your neighbour for the inconvenience and put in writing that you will repair any damage to her garden?

FoxandFeathers · 25/04/2021 12:38

I would think you’d have to ask for a skip permit. If it’s been going on since Sep is there a reason you haven’t? If refused, there may well be a clause in your building freehold or leasehold about not obstructing access for essential repairs.

rainbowthoughts · 25/04/2021 12:39

Goodness, find a roofer that is willing to walk to the end of a bus stop where the skip can be placed. This is not your neighbours fault or responsibility. It's down to the roofer. If that roofer won't do it, find someone who will.

LaBellina · 25/04/2021 12:40

If it’s her garden I think you can’t do much and I can’t really blame her if allowing others to use her property has caused issues in the past. The only thing you can try is to have a calm talk with her again, explain how much stress it’s causing you and assure her that any damage to her property will be properly dealt with.

Gizlotsmum · 25/04/2021 12:42

The internet installation that damaged her wall. Was that done by /for you? Was the damage fixed? She doesn’t have to let you use her garden. Would she accept that you put in writing that you will pay for any repairs needed? Apply for a skip permit anyway, you might not need to use her garden

Changingwiththetimes · 25/04/2021 12:43

Is the roof your mutual responsibility or your alone? In my two flats the roof is a shared expense, in which case getting it repaired is as much hers as your problem- or actually the freeholders unless you share it with flat below.
But the builder can get a permit and the bus stop can be temporarily moved- it will cost you though.

Original poster
Plump82 · 25/04/2021 12:44

@UCOinanOCG

Maybe start with trying for a skip permit. Failing that can you offer to pay your neighbour for the inconvenience and put in writing that you will repair any damage to her garden?
The roofer said he'll start with that 1st. Id definitely offer to repair any damage caused. It's so frustrating because the roof is as much her responsibility as it is mine but I feel I'm having to do all the leg work, plus things like offering to repair damage.

@BeechTreeView I didn't know you could do this. I'll have a look as that would be a good help. Cars actually park right over the bus stop annoyingly so they'd also need to move!

@Disfordarkchocolate it's her garden, but we're both responsible for roof repairs.

OP posts:
OneRingToRuleThemAll · 25/04/2021 12:45

I live in a first floor flat where I was responsible for the roof - the roofer bagged up the tiles and wood bits and took them away in his van at the end of each day. That also happened when I had a kitchen and bathroom installed. All different companies. It must be a common problem.

TakeYourFinalPosition · 25/04/2021 12:46

Is the roof yours, or shared responsibility?

I presume her garden is yours; and you have no right over it for repairs.

To be honest, I can’t imagine many people with gardens would be thrilled at the idea of having a skip in it right now - given it’s the only place you can socialise and we’re going into the nice weather. You’d probably have found her to be much more agreeable over the winter... How long does it need to be there?

Add in that shes had previous damage, and I don’t think you stand much of a chance of getting her to budge, unless you offer her money that she deems more useful than garden access right now.

I’d put the skip permit in. It’s possible to have bus stops suspended... if that’s no go, can the skip go further up the road?

Original poster
Plump82 · 25/04/2021 12:47

@Gizlotsmum

The internet installation that damaged her wall. Was that done by /for you? Was the damage fixed? She doesn’t have to let you use her garden. Would she accept that you put in writing that you will pay for any repairs needed? Apply for a skip permit anyway, you might not need to use her garden
This damage was caused long before we moved in. I didn't even know there had been damage till she told me the other day.
OP posts:
Original poster
Plump82 · 25/04/2021 12:50

@rainbowthoughts

Goodness, find a roofer that is willing to walk to the end of a bus stop where the skip can be placed. This is not your neighbours fault or responsibility. It's down to the roofer. If that roofer won't do it, find someone who will.
We live on a junction so the skip can't go to the right and round the corner has a no parking sifn and then to the left said neighbour has a disabled parking space. It's been a tough job even getting this roofer, never mind trying to start finding another one.
OP posts:
PricklesAndSpikes · 25/04/2021 12:51

Did you ask her about the skip or did he? I wouldn't be impressed if my neighbour hadn't asked me themselves. Why hasn't your roofer tried to apply for a permit? He can't say it might not be approved? Confused If he applies then you will know for sure. And if it is refused you can then apply for temporary moving of the bus stop as a PP mentioned. But in any case, why can't he put the skip at the end of the bus stop and wheelbarrow the rubbish to it, like people who don't have room for skips in their gardens do? Why has this been going on since September? Surely one conversation was neighbour saying no and then with the builder who mentioned possibly not getting the permit? What else has stopped things happening in 7 months?

Original poster
Plump82 · 25/04/2021 12:52

@TakeYourFinalPosition

Is the roof yours, or shared responsibility?

I presume her garden is yours; and you have no right over it for repairs.

To be honest, I can’t imagine many people with gardens would be thrilled at the idea of having a skip in it right now - given it’s the only place you can socialise and we’re going into the nice weather. You’d probably have found her to be much more agreeable over the winter... How long does it need to be there?

Add in that shes had previous damage, and I don’t think you stand much of a chance of getting her to budge, unless you offer her money that she deems more useful than garden access right now.

I’d put the skip permit in. It’s possible to have bus stops suspended... if that’s no go, can the skip go further up the road?

In the 4 years since we've lived here, she's never used her garden once. She's elderly and really doesn't leave her house much. If she was using it I wouldn't have even asked if we could put the skip in.
OP posts:
Africa2go · 25/04/2021 12:53

I wouldn't have a skip in my garden either. It's not just the skip is it, it'll be the noise associated with items being thrown into the skip, getting the skip in and out of the garden, using the skip all the time, dust / mess. As others have said, there are other options. Not fair that you're doing all the leg work though if she's jointly responsible.

Original poster
Plump82 · 25/04/2021 12:57

@PricklesAndSpikes

Did you ask her about the skip or did he? I wouldn't be impressed if my neighbour hadn't asked me themselves. Why hasn't your roofer tried to apply for a permit? He can't say it might not be approved? Confused If he applies then you will know for sure. And if it is refused you can then apply for temporary moving of the bus stop as a PP mentioned. But in any case, why can't he put the skip at the end of the bus stop and wheelbarrow the rubbish to it, like people who don't have room for skips in their gardens do? Why has this been going on since September? Surely one conversation was neighbour saying no and then with the builder who mentioned possibly not getting the permit? What else has stopped things happening in 7 months?
Well it took at least 3 months to get roofers to turn up and give us quotes. We had to check if planning permission was needed (live in a conservation area) which took 3 weeks then we had really bad weather before and after Christmas. Plus any time I run anything by the neighbour she asks me to leave it with her then takes days to get back to me. The talk of the skip permit has only been since last Friday. Sorry, that wasn't clear in my 1st post. I asked her about the skip.
OP posts:
Original poster
Plump82 · 25/04/2021 12:58

@Africa2go

I wouldn't have a skip in my garden either. It's not just the skip is it, it'll be the noise associated with items being thrown into the skip, getting the skip in and out of the garden, using the skip all the time, dust / mess. As others have said, there are other options. Not fair that you're doing all the leg work though if she's jointly responsible.
If we are able to get the skip on the street the skip will be less than 2 metres from where it would be in her garden so the same level of noise etc.
OP posts:
Mix56 · 25/04/2021 13:06

If she is part responsable for the roof, is she paying half ?
can you tell her that if it is delayed, there will be extra damage to repair, & she will be liable as she is actively hindering any advancement on your joint repairs

wigjuice · 25/04/2021 13:07

Would the skip be in front of her window? If as you say she doesn't go out much, it may block her looking out?

Candycane57 · 25/04/2021 13:08

Definitely try to ask her yourself- explain the damage and how it will effect her too if it gets worse. Explain how long the skip will be there, that the roofer is trustworthy and understand she's concerned about damage to her part of the property.

Original poster
Plump82 · 25/04/2021 13:09

@wigjuice

Would the skip be in front of her window? If as you say she doesn't go out much, it may block her looking out?
Not right in front of it. And her windows are quite high up plus the garden is on a very slight slope and the skip would be at the bottom of the slope.
OP posts:
Original poster
Plump82 · 25/04/2021 13:12

@Mix56

If she is part responsable for the roof, is she paying half ? can you tell her that if it is delayed, there will be extra damage to repair, & she will be liable as she is actively hindering any advancement on your joint repairs
Not exactly half as our flat is bigger, our 2nd bedroom goes over a vestibule. So to keep it amicable we agreed to pay more as we're so desperate to get it done.
OP posts:
Mix56 · 25/04/2021 15:47

either way, whatever the % it will cost more to repair if she isn't facilitating.

Africa2go · 25/04/2021 16:01

If we are able to get the skip on the street the skip will be less than 2 metres from where it would be in her garden so the same level of noise etc. But OP I'm guessing she doesn't choose to sit in the street?!! It's her garden, her own bit of space, coming in to the summer where she wants to relax. She's said no, quite reasonably. Find another solution.