Difficult neighbour WWYD

[IceandIndigo]

We are having a loft conversion done on our Victorian terrace house. We are end terrace and the last house on the street. Three of the houses on the neighbouring street have gardens that run right up to our gable wall - so our wall forms the boundary between the properties. It's a hip to gable conversion so the works will involve building up the gable wall, and there will need to be scaffolding to enable the builders to access that wall. As two of the three neighbours have sheds at the back of their gardens that extend right up to our house wall, the only real option is to put scaffolding footings in the garden of the third neighbour.

We don't know that neighbour well, although we've never had any issues with them - we've been living in this house for 8 years. As far as we know there is a young man (mid 20s) who lives there with his mother, and they've recently acquired a large dog - crossbreed, looks part mastiff. We can see into their garden from our side window and they basically never use it, other than the dog is sometimes out there by itself. The garden is not maintained and is just overgrown grass and pavers, no plants or flowerbeds or garden furniture. For this reason we didn't really anticipate that there would be problems with the scaffolding.

To cut a very long story short, the neighbour initially gave permission for the scaffolding, but today the scaffolders have arrived and it appears he has had second thoughts, because he's concerned that our building works will stress his dog out. Apparently the dog is home alone during the day and if it sees or hears anything unusual it gets anxious and wrecks the house. The neighbour suggested we could postpone our building works until the summer when he is off work and can better manage the dog. This isn't an option for us. We offered to screen the scaffolding so at least the dog won't be able to see people moving around but he felt the noise would still be an issue.

To add an additional complication the neighbour has just this morning informed us that the property is rented. Apparently his mother has been in touch with the landlord who is ok with the scaffolding but said he would need to do an inspection first - this doesn't really make much sense as it's not a Party Wall and there's nothing in the garden that could be damaged. We asked for the landlord's contacts details so we can clarify with them directly but the neighbour now isn't responding to our messages and won't answer the door. We've had to send the scaffolders away for the day with the job half finished.

Anyone have any advice on how to deal with this, we are at our wits end. If our builders can't start next week we are going to get bumped from their schedule.

Well this isn’t AIBU, but thanks for giving me the benefit of your judgment! I certainly wouldn’t expect neighbours to delay work on their house by six months to suit my pet. Apparently the neighbour works in a school so has the summer off. I actually feel really sorry for the dog, I don’t think it’s right to leave an animal with that temperament alone all day.

Instead of trying to find a way to force your neighbour to suit your building, find a way to have it done from your own property. That is the avenue you should be pursuing and not giving your poor neighbour grief and stress. There MUST be a way, maybe more costly, but you should have planned for that and not forced it upon people.

This is what I'm thinking. I wouldn't have given permission for a large dog for someone out all day. Even if he had permission I wouldn't be impressed a dog is impacting on his neighbours and that's coming from someone who would take her dogs anywhere

It hadn’t occurred to me that the landlord might not know about the dog! It’s a really big dog. I don’t want to get the tenants in trouble with their landlord, it’s not my business.

There really isn’t, I probably should have posted a diagram, but there’s no way we can access our side wall from our own property. Legally they have to give us access for maintenance, and some of the work we’re doing would qualify as that - not the loft conversion, obviously. I would prefer not to go down a legal route though.

Our neighbour refused to allow us to put scaffolding on their side, even though it was in an unused alleyway and would have had no impact on them. Our builders had to find another way to do the work. They don't have to allow you access so you will have to do the same

I don’t think they are legally required to give you access for improvements. Tricky situation

I don't think the neighbour is the one being difficult here... there's no way I'd let you do that!

I would not want scaffolding in my garden and the disruption of builders going in and out.

This is not essential work so I would refuse your request.

I don't think the neighbour is being difficult at all. They just don't want their life disrupted because you fancy an extension. Fair enough.

I made the mistake of allowing my neighbours to put scaffolding in my garden whilst they had their extension built and would never do it again. They failed to secure the garden so my dog had to go out on his lead whenever he was in the garden, they wrecked the fence and refused to replace it, my garden was trashed, it took months longer than they said it would and I had no privacy in my kitchen let alone the garden.

I can understand why your neighbour has changed his mind.

THIS. OP I get that your main issue is the neighbours back tracking on the agreement and initially they thought perhaps it didn't matter. Then they've realised it does matter, because they could be on the hook financially with the landlord for any damage. Plus its not their property to grant that sort of intrusive access.

Best of luck OP, but no way would I be letting a neighbour put up scaffolding in my garden without a legal agreement in place (and possibly compensation depending on the neighbour).

In fact, one neighbour I really don’t like and would quite enjoy just saying no, as it can’t be compelled.

You really do need a party wall award with the owner (not the tenant). Most party wall surveyors would agree that the scaffold is necessary, partly as a safety measure for falling materials.

Can the scaffolders go to the next garden along and put a gantry in. It would go over his garden rather than in it. More expense, but hopefully won’t delay the works.

Is it a case where as you stated they recently acquired the dog, part mastiff and now the dog has grown since you asked and is becoming harder to manage, than when the proposition was first put to them and they didn't think it through perhaps. You are going to have to go out of your way here to placate them or give back, because it is a massive imposition on them. Once the scaffolding is up, is it accessible from your garden, without anyone having to set foot in theirs? How long are the planned works? I would never allow a neighbour do this. I'd offer them money 😀

The garden is not maintained and is just overgrown grass and pavers, no plants or flowerbeds or garden furniture.

This sounds very snobby to me. Do you think your attitude may have irritated your neighbour? You are going to inconvenience them with noisy building work. Why should they feel obliged to help you out?

Repairs and maintaining the property, but not building work I think.

Contacting the landlord might not help, they may not have permission for the dog and things could get really unpleasant. I think you would be better off finding another way to do the work as it will disturb quite a few homes without potentially causing someone to lose their pet.

1. House is illegally sublet
2. LL doesn’t know about dog
3. Dog might be vicious/unsocialised/unpredictable (which is why he is desperate to be there)

Just sitting in my garden drinking coffee and watching my dog sniff around… no way would I be okay with neighbours putting scaffolding up. This is my space to relax, especially this time of year when my dc seem to hibernate.

We let a neighbour do this, and our wall / fence became damaged. The at first friendly builder promised any damage would be fixed, then it never was and is still damaged and we are out of pocket. I wouldn’t allow again.

Sorry to hear though for you, sounds stressful, probably best to have a friendly chat with neighbours first before booking the builder. I second someone else, maybe offer money upfront as a sweetener, so then it’s paid if there is damage / or they’ve got a little extra money and can rest easier when noise etc goes on for a long time.
it is stressful for neighbours and they won’t benefit from a nice new extension.

You can force access for maintenance but only if the work cannot be reasonably done another way. So before you use that option for the maintenance you say is needed, check that this can’t be done from your property. If it’s guttering etc., it probably can. Obviously if it’s an extension then it’s not maintenance. Either way courts are expensive.
Not sure if it’s been mentioned before but there’s a liability question too. Something falls off into the garden and damages goods/dog/person: is the LL liable? What about if a builder falls off? This isn’t as straightforward as it seems at first.

It would be very spiteful to cause issues with the LL concerning the dog because they will not conform to your needs. I understand your neighbours concerns, I would feel the same. Whilst they are just renting it is still their home.

You have access for maintenance. This wouldn’t qualify. So if you do go legal you would end up in the same boat. You need their consent to use their land. He’s revoked it. There’s not much you can do beyond grovel.

the landlord is unlikely to go over their heads as they’re a tenant and have a legal right to enjoy their property, if scaffolding in their garden prevents that the landlord cannot consent.

If I had the summer off, the last thing I’d want is to have my neighbour’s building project making noise etc. I’d think it would be better (for him) that you get the work done before the summer.

Hopefully he’ll be cooperative tomorrow.

Sorry OP, but I think it's fair enough. I'm not a dog person, but if that think it will stress out their dog then that's reasonable for them to say no