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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:
Original poster
Plump82 · 25/04/2021 16:07

@Africa2go

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.
Completely agree but i will add that i can guarantee she won't be sitting in her garden. Plus she's happy for the scaffolding to go in it which will take up the majority of it.
OP posts:
Floralnomad · 25/04/2021 16:12

Find a different roofer . My sisters attached neighbours have just had their entire roof off to build a massive dormer and loft conversion and they haven’t had a skip .

PigletJohn · 25/04/2021 16:25

Look on the bright side, half the extra cost of handling a couple of tons of dirty old tiles will be down to her.

Make sure you have a watertight and enforceable agreement.

You might need to have an extra labourer walking to and fro with a barrow for a few days.

oldshoeuk · 25/04/2021 17:06

As it is an essential repair to a pre-existing structure you have certain legal rights of access. I'm not a lawyer but the law is pretty straightforward and easy to read if you look it up.

rainbowthoughts · 25/04/2021 17:08

@oldshoeuk

As it is an essential repair to a pre-existing structure you have certain legal rights of access. I'm not a lawyer but the law is pretty straightforward and easy to read if you look it up.
I don't think that covers placing a skip in someone's garden though. The neighbour isn't preventing access for the work to take place
Original poster
Plump82 · 25/04/2021 17:27

I looked in it and as far as i could see, things like workmen coming into the garden, and scaffolding would be coveres but unfortunately not a skip.

OP posts:
nickymanchester · 25/04/2021 18:14

Plus she's happy for the scaffolding to go in it which will take up the majority of it.

So the scaffolding will take up the majority of the garden.

Where on earth will the skip have gone if the scaffolding will take up the majority of the garden?

I know how far from a building scaffolding generally extends and if that is taking up the majority of the garden, it's actually a very small garden and, in any event, there will be no room for your skip anyway.

1990s · 25/04/2021 18:16

@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?

Don't pay her. The roof is on her property too, assume you're the freeholder if you're arranging for the roof to be fixed?

If you both are freeholders you're jointly responsible, and she must let you get it fixed.

If your the freeholder and she's a leaseholder you can serve her a section 21 and get it done.

Original poster
Plump82 · 25/04/2021 18:22

Im in Scotland so i dont think that applies up here.

OP posts:
Original poster
Plump82 · 25/04/2021 18:29

@nickymanchester

Plus she's happy for the scaffolding to go in it which will take up the majority of it.

So the scaffolding will take up the majority of the garden.

Where on earth will the skip have gone if the scaffolding will take up the majority of the garden?

I know how far from a building scaffolding generally extends and if that is taking up the majority of the garden, it's actually a very small garden and, in any event, there will be no room for your skip anyway.

The garden is a sort of L shape
Downstairs neighbour won't allow skip in her garden
OP posts:
thelegohooverer · 25/04/2021 18:40

Would you ask her again?
I’ve often found that when people have had a chance to have their complaint, and get their grievance off their chest, they can feel differently when asked again. Particularly if you’re sympathetic about the damage that was done before.

Original poster
Plump82 · 25/04/2021 18:45

@thelegohooverer

Would you ask her again? I’ve often found that when people have had a chance to have their complaint, and get their grievance off their chest, they can feel differently when asked again. Particularly if you’re sympathetic about the damage that was done before.
I definitely will give it ago. I think ill give her a call tomorrow. I can understand her concerns but the wall was damaged because the engineer drilled through it. So very different to a skip going over it. Thats honestly the only reason she's not happy with it going in.
OP posts:
everythingcrossed · 25/04/2021 18:52

This is a real problem in London (where I live). Most people bag up their building waste and then throw it onto a waste disposal firm lorry when they have enough to make it worthwhile for a company to come round. I don't know if that's an option in your case.

Original poster
Plump82 · 25/04/2021 19:04

@everythingcrossed

This is a real problem in London (where I live). Most people bag up their building waste and then throw it onto a waste disposal firm lorry when they have enough to make it worthwhile for a company to come round. I don't know if that's an option in your case.
Ill keep that as an option and look into it when i find out how the roofer gets on with the council. Thanks for the suggestion.
OP posts:
nickymanchester · 25/04/2021 19:19

@Plump82

Thanks for the drawing, that makes a lot more sense now.

From the way you described it, it did sound as though you just had the front part of the garden, not the bit at the side.

If you cannot get her to agree then alternatively there is the disabled bay or the bus stop. In either case you will need to approach the local council in order to get permission.

The same applies with the side road that is marked as no parking. If this is a single yellow line then you can often get permission from a council to place a skip there, but if it is a double yellow then that is very unlikely to happen.

PurBal · 25/04/2021 19:21

@Changingwiththetimes

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.
All this
Orchidflower1 · 25/04/2021 19:27

Can they bag up/ stack the tiles and then get a “wait and load” skip? These are more expensive but may solve the problem regarding permit. They can park within normal parking restrictions whilst it’s loaded- so not in the bus stop.

Grimbelina · 25/04/2021 20:25

Loads of people have this issue in flats and in cities. When we did this (more than once) we just organised all the rubbish to be collected. It was actually cheaper than having a skip. I don't think many people would allow someone else's skip on their garden....

Original poster
Plump82 · 25/04/2021 20:46

@Grimbelina

Loads of people have this issue in flats and in cities. When we did this (more than once) we just organised all the rubbish to be collected. It was actually cheaper than having a skip. I don't think many people would allow someone else's skip on their garden....
Id understand if it wasnt her roof being done but the fact that shes involved in this work is what im finding frustrating.
OP posts:
Orchidflower1 · 25/04/2021 21:22

Perhaps if she doesn’t want the skip on her garden, she should stand the price difference between the skip and the alternative removal method.

mumwon · 25/04/2021 22:41

we had a terraced house once with no front garden & nowhere out front for skip (narrow road) - we had a back garden hard landscaped which meant a lot of stuff to clear. The men used an open toped van thingee & dumped stuff in each & took it daily straight to the tip

RainingBatsAndFrogs · 26/04/2021 05:05

A lot of posters seem not to grasp leasehold flats.
It isn’t the OP’s roofer, the OP’s essential repairs it is the roofer for both owners, Essential repairs for both flats, as the roof is a shared responsibility.

HappyTimeTunnelDinosaur · 26/04/2021 06:05

Can you get Hippo Bags in Scotland? We had one of these when we had our kitchen replaced. They are just very strong bags that come in different sizes but as they are made of a soft material they wouldn't cause damage. Perhaps she'd be willing to have one or two of those in her garden instead if it were suitable? They are collected later just like skip is.

YouJustDoYou · 26/04/2021 06:08

completely don't blame her.

Original poster
Plump82 · 26/04/2021 06:28

@YouJustDoYou

completely don't blame her.
Even though its also her roof getting replaced?
OP posts: