Is this scaffolding OK in terms of neighbour border?

[longdogs]

It's a shame when neighbours get all self righteous over something that is, after all, temporary. The good relationship between the neighbours has now gone forever. At some point, we all have to carry out repairs or building works which will temporarily inconvenience others but you would think we would all be able to see the positive side of it. Would the sh*tty neighbours prefer it if the house next door was allowed to fall into disrepair?
Ok, forget the six inch nails. It's a shame though that the two cars are going to get covered in debris.

 

[noseall]

In civil law, a landlord can be liable for the actions of his tenants if he fails to take reasonable steps to abate a nuisance caused by the tenants. Even if he's not aware of it he can still be liable.

Octavia Hill Housing v. Crumby
Sedleigh-Denfield V. O'Callaghan

If the OP talks to the landlord - as I first suggested - then he responsible for the actions of the 'adopted' tenant and therefore must respond - even if the response is that there's nothing he can do.

Is there a point to this post other than its irrelevance?

If the OP talks to the landlord - as I first suggested - .

...then he stands a good chance of alienating the neighbours good and proper.

@ the OP - Do not speak to the landlord at any price. There is nothing he can do and will only make things worse.

 

[noseall]

It's a shame though that the two cars are going to get covered in debris.

..and thus back to the original problem. The builder won't risk damaging the cars unless he is a fool, nor will he cover them in rubbish. They (the scaffold users) will likely have to fork out more money to get the scaffold wrapped or face more delays.

This has been gone about completely the wrong way from the outset. The stupidest thing by far is putting the scaffold up directly against those cars.

 

[^woody^]

In civil law, a landlord can be liable for the actions of his tenants if he fails to take reasonable steps to abate a nuisance caused by the tenants. Even if he's not aware of it he can still be liable.

You're quoting action under nuisance. But it is irrelevant here and only applies to specific actionable nuisance, and applies to anyone with an interest in property, not specifically landlords.

 

[^woody^]

Sorry Woody, with that last post you have demonstrated beyond any doubt that you have little idea about the law around tenancies. You have

I don't want to brag, but I would bet I know a lot more about L&T, contract, leases and nuisance than you do.

 

[longdogs]

It's a shame though that the two cars are going to get covered in debris.

..and thus back to the original problem. The builder won't risk damaging the cars unless he is a fool, nor will he cover them in rubbish. They (the scaffold users) will likely have to fork out more money to get the scaffold wrapped or face more delays.

This has been gone about completely the wrong way from the outset. The stupidest thing by far is putting the scaffold up directly against those cars.

Or parking the cars as close as possible to where the scaffolding will be. The OP is not a builder so wouldn't have a clue about the scaffold. but the neighbour knows that parking the cars where he has will cause a dispute. I agree that the scaffolders should have wrapped it though.

 

[angelboy]

Sorry Woody, with that last post you have demonstrated beyond any doubt that you have little idea about the law around tenancies. You have

I don't want to brag, but I would bet I know a lot more about L&T, contract, leases and nuisance than you do.

I'm not getting into a forum slanging match and with the upmost respect I think you and Noseall are misguided on this - but thats civil law - we can all decided to take a view and let the courts decide. Plus we all have different experiences to draw upon

Personally, if the tenant is being unreasonable then I'd talk to the landlord and explain what's occurred. I don't know why Noseall thinks that's "irrelevant" or the worst advice to give, I think the total opposite - so lets leave it at that shall we?

The OP has heard plenty of opinions on what to do so let him go away and work it out.

 

[noseall]

Personally, if the tenant is being unreasonable then I'd talk to the landlord and explain what's occurred. I don't know why Noseall thinks that's "irrelevant" .

The landlord will have his paying tenants' interests in mind and not the neighbour. In fact, it could have a detrimental effect towards the neighbour in that the tenant may state that the agreement has been broken, i.e. I can't use my drive for which was agreed in our terms.

Sorry, but crying to the landlord will be the stupidest thing the OP could do.

 

[noseall]

Or parking the cars as close as possible to where the scaffolding will be. The OP is not a builder so wouldn't have a clue about the scaffold. but the neighbour knows that parking the cars where he has will cause a dispute.

How is a dispute going to affect the tenant? He's got nothing to lose.

 

[longdogs]

Or parking the cars as close as possible to where the scaffolding will be. The OP is not a builder so wouldn't have a clue about the scaffold. but the neighbour knows that parking the cars where he has will cause a dispute.

How is a dispute going to affect the tenant? He's got nothing to lose.

Because they are neighbours?

 

[longdogs]

I think you and Noseall are misguided on this

Nosey is misguided on most things unfortunately.

 

[noseall]

Because they are neighbours?

"Love thy neighbour" went right out the window as soon as the guy put scaffolding up right against the neighbours car.
I'm not saying don't erect the scaffold, but to go ahead and do it the fashion he has is ridiculous.

 

[noseall]

I think you and Noseall are misguided on this

Nosey is misguided on most things unfortunately.

I bet you can't name a single thing either.

 

[stuart45]

I bet you can't name a single thing either.

I'm just about to start going through your 21,837 posts so I should have something in the next few months. Could be you think Villa are going to win the league this year.

 

[angelboy]

Because they are neighbours?

"Love thy neighbour" went right out the window as soon as the guy put scaffolding up right against the neighbours car.
I'm not saying don't erect the scaffold, but to go ahead and do it the fashion he has is ridiculous.

Yes, I do agree - it was a daft thing to do - it was also a daft thing for the neighbour to park his car there once he knew the OP was wanting to erect some scaffolding. In my book, the neighbour made the first move - the OP retaliated - both the wrong thing to do but it's done now, can't take it back, the war has begun it seems!

To say he can't use the drive as it was intended is stretching it a little as there's plenty of space for him to park the car AND put the scaffolding up. From my experience, once you know what someone is like then you battle on terms they understand - he made his move, gloves are off - straight to the landlord to make him see sense and be a good little tenant.By the sounds of this guy the landlord might be glad of a reason to boot him - it's not all as simple as wanting to keep a tenant just cause they pay.

Anyway - enough speculating for one day, I've had enough of second guessing and filling in the gaps!