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Hi all,
A little complicated, but I'll try... I have the lease (and now freehold) for the loft space above my flat and also the space above one flat one side and two flats the other side, so essentially the area above four flats in my block.
The only area that's been converted is my flat - my bedroom is in the loft - and the space either side is blocked off from me, one side a brick wall, the other side a thin wall which can potentially be easily accessed.
On the brick wall side of my bedroom, the only access point is a hatch at the end of the space, which is above a neighbour's flat. She can access the space, but currently I cannot. She is being very difficult, saying that her lawyer has told her that I am not able to use this hatch. Even when her flat was vacant - no tenants - she refused my entry to check out the space and get a surveyor in to just look at it. This is because she wanted to buy the very large area for a paltry amount and I refused.
She claims that one of the reasons I've not got access is because of the "quiet enjoyment" for her current tenants, but (as above), even when the flat was empty, she was refusing me access. All I want to do is plan for the future - I have the rights under the lease to convert, dependent on local authority planning permission or lawful development certificate. I'm not sure yet which would be needed.
So, 1. Has anyone heard of such a situation before and how it was resolved?, and 2. Now that I own the freehold for the loft space (not her flat though), does she have the right to refuse me access?
Many thanks for your thoughts.
Andy
A little complicated, but I'll try... I have the lease (and now freehold) for the loft space above my flat and also the space above one flat one side and two flats the other side, so essentially the area above four flats in my block.
The only area that's been converted is my flat - my bedroom is in the loft - and the space either side is blocked off from me, one side a brick wall, the other side a thin wall which can potentially be easily accessed.
On the brick wall side of my bedroom, the only access point is a hatch at the end of the space, which is above a neighbour's flat. She can access the space, but currently I cannot. She is being very difficult, saying that her lawyer has told her that I am not able to use this hatch. Even when her flat was vacant - no tenants - she refused my entry to check out the space and get a surveyor in to just look at it. This is because she wanted to buy the very large area for a paltry amount and I refused.
She claims that one of the reasons I've not got access is because of the "quiet enjoyment" for her current tenants, but (as above), even when the flat was empty, she was refusing me access. All I want to do is plan for the future - I have the rights under the lease to convert, dependent on local authority planning permission or lawful development certificate. I'm not sure yet which would be needed.
So, 1. Has anyone heard of such a situation before and how it was resolved?, and 2. Now that I own the freehold for the loft space (not her flat though), does she have the right to refuse me access?
Many thanks for your thoughts.
Andy