council have signed a party wall notice on my behalf-

[m4rmite]

HI first post.. and at my wits end just about now.
my neighbours having an extension built.. and since the start when the builders turned up they been asking for scaffolding to be put on my property which i said no..
from the start they never served a party wall notice but the small wall in question that was going be removed didn't make any difference..
the builders have built right up to the boundary and left no room for the roofing that will normally protrude away from the wall, over my boundary.
this i can fill in an enforcement notice only when they actually protrude over the boundary..
now however the extension wall is approx 8-9ft high and now i have received from the builders a party wall notice letter that is signed by the council on behalf of the building owner( as the council own it) yes i am a council tenant, saying that they can start work after 48 hours notice.
after umpteen phone calls to the council prior to this i was assured a party wall was a civil matter and not anything to do with the council, so how can they sign it if its nothing to do with them.
also.. minor detail, but the postcode is wrong for my house on the party wall notice that has been signed. would i be able to delay anything while its sorted out?
they gave it to my 17yr old daughter as well. is there a clause saying it has to be given to an adult in the house? clutching straws i guess.
they have also given me a letter saying that scaffolding will be turning up on Tuesday the 14th and will be erected on my premises..
this was just an informing letter and in the envelope with the party wall letter and has no signatures from anyone of authority.

if anyone could help it would be massively appreciated
oh btw they also said they are going to cut into the garage wall that joins their wall and we will end up with a leaking garage/roof

 

[freddiemercurystwin]

Just to clarify, you rent the house of the council as in you are not the owner?

 

[m4rmite]

yes i rent from the council who own it

 

[^woody^]

A council tenant is not an "adjoining owner" under the PW Act , and so you are/were not entitled to be served a notice.

So yes, the Council can sign it as the Adjoining Owner. However, the Council is obligated to consult with you and not just sign the notice without your knowledge.

What complicates things is that as a tenant you are entitled to what is know as "quiet enjoyment" of the property - which basically means that the Council can't interfere with your use of the property without good reason, and can't just turn up an enter the property without proper notice.

Their limited reasons for entry to the property relate mainly to repairs or management of the rented property and I don't think that this right extends to granting permission for others to enter the property to work on neighbouring buildings - as this is nothing to do with the tenancy.

This is a complicated area as the PW Act gives right of access, but your tenancy gives rights to refuse access. The two areas of law contradict each other.

You as a tenant have what is known as first or best interest in the property and so you can prevent others from entering (unless as mentioned above) and you can certainly refuse access to the scaffolders or builders.

Prevent them access, call the Police if necessary untill a representative from the Council explains. However, I doubt whether a typical Housing Dept has the expertise to know the ins and outs of the PW Act, so their may be an element of intimidation and possibly misinformation

If you are really dead-set against this then you need to get some legal advice from some specialist who knows about the PW Act and Landlord and Tenant law

The alternative is to aim for some sort of compensation from the Council for the inconvenience and disruption tot he tenancy. And make a formal complaint with regards to the failure to notify you that a PW Notice had been received ... and sighed without consultation

 

[m4rmite]

1 question to your reply would be
why have the council told me that its a civil matter over the party wall act and they don't get involved

ant btw thanks for the reply

 

[^woody^]

1 question to your reply would be
why have the council told me that its a civil matter over the party wall act and they don't get involved

Because they have not got a clue?

Yes it is a civil matter, but they are involved aren't they as they have already signed the PW notice and are the Adjoining Owner under the PW Act. Remind them of these little facts

You need to talk to the right people at the Housing Dept ... ie the section that deals with party wall issues and not the Tenancy Officers, or normal repair inspectors ..... as they will most likely just fob you off as they don't have the relevant knowledge

 

[m4rmite]

that was my plan monday morning that they have now invited themselves into the not so civil dispute as they have signed it.
and yes
planning sent me to housing who sent me to building control
after all the calls ive been pushed to the housing manager.
who is.. useless as ive already spoken to her..
shes on my hit list monday morning as well

 

[big-all]

i assume someone signed the party wall agreement do you have a copy or access to check the signature

 

[m4rmite]

yes the guy who's signed for the council is in building materials and specification department..( what would building material have to do with it) hes on the monday list as well..he signed on behalf of someone on behalf of the council..

oh and btw his name is pratt.. dont know whether to laugh or cry

 

[m4rmite]

just a thought.. the council informed me a million times they dont get involved with party wall acts..
yet if they are the part owner of the wall shouldnt they be informed of a party wall act and accordingly advise its tenant in question?

 

[big-all]

i would say so as a landlord they must get your permission to deprive you off the amenities that you have paid for
unless theres a condition in your tenancy agreement that gives you notice that they can deprive you off amenities or apply the party wall agreement with specified notice

remember when you pay rent that is in law your house as far as living in and no one may enter or deprive you off privacy or facilitys except for agreed circumstances for visits and maintainance

so basically read the full agreement you signed including the small print and if no mention was made off maintainance or or other relevant situations you have a very good leg to stand on as they need your permision
[7 mistakes]

 

[chappers]

As big al says you need to read your long lease to find out who and for what reasons the council can grant access to your property, however they can not write clauses into your lease that contravene the Housing Act, I suggest you add Shelter to your list for a call on Monday morning, with regards to this .
Normally a party wall agreement is a contract drawn up between two neighbours stating the extent of the works, access that will be granted and what will be done to rectify any damages caused by the building works.
If agreement can't be reached between the neighbours then two surveyors are appointed to initially arbitrate and then if necessary make decisions on behalf of the two parties.
Your biggest problem is that you are a tenant of one of these parties and as such have little right to be involved in these discussions. However you could sue the council for any breach of your contract with them, if by giving permission to your neighbour they breach this contract, for example by giving next door access they deprive you of your quiet right to enjoyment of the property.

You probably need to speak to the head of asset management or even the head of the legal team at the council.

I'm sorry but in all reality the best you will probably acheive is to stall the building of this extension, I would do as woody says and go for some sort of compensation from the council.

 

[Nige F]

Compensation Do they still have the right to re locate tenants who are under- using a property maybe you`ll get compensated to a flat - Nah, couldn`t happen in 21st Century Britain