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.

The neighbour has deliberately made life difficult for the OP after initially agreeing to the arrangement and then waiting until the actual day work was due to start before raising the objection. And you think it’s unreasonable to wait for an opportunity for payback ? The OP has given reasonable notice, and the neighbour gave permission, then blocked it basically because he felt like it. He’s a dick, and he’s forgotten the golden rule of ‘do unto others as you would be done by’.

Apart from anything else, the dog should not be left alone all day whilst they work.

Everyone has a price - how much have you offered for the disruption and inconvenience?

It is a long standing convention that your neighbour can not unreasonably refuse you the right of access to maintain your property.
A tenant’s dog certainly does not constitute a reasonably objection, find the owner and ask him. Failing that, he already gave you permission, a verbal agreement is good enough, just show up and erect the scaffolding and let him sue you, he won’t win.
Your scaffolders also might be able to rig up a putlog fixing and hang the scaffolding off your wall, depending on the house/garden layout, you might also be able to rig up a cantilevered setup, whereby the base is on your property and it hangs out over the neighbours.
Reading some of the responses here, its quite extraordinary just how selfish some people can be, and think its ok to be utterly bloody minded and make life extremely difficult for others in order to avoid a very minor inconvenience.
If the dog has a problem, its because the owner did not train him properly and probably neglects the animal like he neglects the garden.

Gawd some jealousy on here - it’s not up to the tenant to refuse access. Why have such large dog with an anxious temperament left at home for hours on end. I bet the landlord doesn’t even know it’s there. Good luck with your loft conversion - sure it will be lovely. Shame to risk the builders lives because of a selfish neighbour but eh that’s what people are like these days

It has nothing to do with the landlord. The tenant has a legal right to "quiet enjoyment" of the property without interference from the landlord. The landlord could not override the tenant's objection.

If your neighbours property is leasehold there may be conditions in the lease. I think if you pay you can view the lease (if there is one) on the land registry website - it should also have details of the leaseholder

The neighbour is looking for cash

What a ridiculous response! Of course the neighbour would win a legal case if the OP just trespassed on their land to stick up scaffolding! The tenant is entitled to say "no" at any point in the proceedings - there is no legal contract between the neighbour and the OP. The OP is not maintaining their property, they are building an extension. Not the same thing at all!

The owner of the property (assuming they are also the landlord) doesn't have a say in this. They've rented the property out and the tenant has a legal right to quiet enjoyment of the property without interference from the landlord. The neighbour doesn't have to put their dog through additional stress to accommodate the OP. Sounds pretty responsible to me. I certainly wouldn't do that to my dogs.

It's unfortunate for the OP that the neighbour changed their mind, but no more than that - just inconvenient for the OP. They might have wanted to be helpful and not really thought it through until they were faced with the reality. Unfortunate, but not an offence. They seem to be perfectly reasonable to me. They could have said no, not under any circumstances, but they've offered a comprise, allowing the. OP to put the scaffolding up in their garden in the summer. If that's inconvenient for the OP it's too bad. Their inconvenience doesn't trump the inconvenience they want to impose on their neighbour.

The landlord inspection will be to ensure the condition of their property and grounds prior to the work taking place so that they can check again afterwards if the scaffolders/scaffolding has caused any damage. Standard practice.

Not sure if anyone else has suggested this but you can request copies of the office copies which will show name and address of the owner (landlord). You could then write to them and not have to rely on your neighbour.

You're just inventing the scenario to suit your narrative. The OP says the dog's alone at home during the day. They don't say all day. It could just be for half an hour for all you know, or they might have people come in to be with the dog during the day.

Why shouldn't they have a big dog? The OP says they've just acquired the dog, so it's likely to be a new rescue. Rescues can come with any number of problems which need time and patience to address, and are very often nervous as a result of previous treatment. It's entirely responsible of the neighbours not to subject a new anxious rescue to additional stress. They've offered an alternative time when they're better able to manage the situation but the OP isn't satisfied with that. They seem to feel they have a right to impose themselves on their neighbours on terms convenient to themselves. Whilst I understand their frustration, they need to stop being so entitled.

The difficult (and also judgmental) neighbour in this situation is the OP.

It has nothing to do with the landlord. They've rented their property out to the tenant who has a legal right to quiet enjoyment of the property without interference from the landlord.

The landlord isn't legally allowed to enter the property without the tenant's permission except in an emergency. They certainly can't authorise a third party to enter the property on business which doesn't involve the property without the tenant's permission.

That response in respect to unreasonable people is a case of, "your honour i rest my case".
the case so far: Party 1 is improving their property for the family, party 2 is having a fit over a badly trained dog, AND had no appreciation of what changing their mind at the last moment, thus costing 4 scaffolder’s a days work and the party 1 a halt to months of planned work, builders will now be off doing someonese else house, see you in 3 months. Yes that is extraordinarily selfish.

You have taken “maintaining property” a bit too laymen’s literaly, (as it were).
In the case of property this would include improvements. You can NOT refuse this without a serious reason. And despite that no reasonable person would refuse a neighbour in such circumstances, thus allowing for 30 years of bad feeling and a potential feud with your neighbours, when YOU too might at some point need access to their garden so YOU can maintain your wall.

Well, OP, I'm sorry people have had a go. Lots of us are seeing the possibility of a slightly off-colour situation re the dog/landlord. That might be a total misreading of things but I agree with @Bogman above.

You didn't ask AIBU, you asked WWYD, and there's some good advice here. Get legal clarification, contact the landlord, see if the builders have any ideas or suggestions and hopefully, you can get back on track.

A lot of the comments are coloured by people's awful experiences of when they were in your neighbour's position. Make sure your builders behave impeccably and don't give the neighbours any reason at all to complain. Best of luck.

You need permission to put scaffolding on someone else's property & you don't have it. You'll have to find another way or wait. Sorry I get where neighbour is coming from

If the garden adjoins your gable wall unfortunately it is a Party Wall and therefore would suggest getting a Party Wall Agreement in place as this legally gives you reasonable access to neighbouring properties

I am a landlord and would certainly want to know of anything which might affect my property.
I have been approached by a neighbour asking to erect scaffolding to enable access for their roof to be repaired. In this instance it made things easier for them but they could have made more expensive and complicated arrangements.
My response was that I personally had no objection as long as any damage was made good and ALL debris removed, but the tenant had the final say.
As a landlord I cannot enter my own property without legal cause, so I certainly can’t authorise a third party to do so.
As a home owner who informally allowed my neighbour’s builders to erect scaffolding on my property for a 3 day job, I would never do this again. The scaffolding was up for two months, blocked light, had ladder access in my garden instead of his, and the building debris smashed a plastic roof on an outbuilding and blocked the gutters. No making good took place.
The neighbour may have a legal right to enter my property to maintain theirs but in future they will have to provide a formal contract regarding timescale and reparations, or take me to court to enforce access, which again will be defined.

Well if the dog is locked inside in his own all day as OP advised then the risk of being bitten is nil.

Yay!

I read this thread a day or two ago. Didn't post cos I didn't have any knowledge. But found myself wondering about your situation and I'd forgotten to watch the thread

Good luck @IceandIndigo

I hope your work goes ahead now

@Bogman you are wrong. Maintenance doesn’t include a loft conversion. And they can absolutely change their mind re access which is governed by a right of way clause.

HA HA HA HA HA HA

I wouldn't give permission for scaffolding. It happened to me once, I thought I was being a good neighbour and it was a nightmare. Work overran by months, the mess was unbelievable and left for me to clear up. Once the work was done the neighbours didn't give a fig about the damage to my property etc etc.

I don't think the neighbour was being deliberately nasty, they may have just had a rethink. It is unreasonable to wait for an opportunity for payback because I wouldn't assume they were doing this as a vicious game playing game playing exercise as a first assumption. I wouldn't fancy having to curtail the dog for weeks on end when I pay rent for a property.

My take on it is that the landlord doesn't know about the dog nor about the state of the back garden and your neighbour doesn't want them to know. 😆