Gun & Fames with the Neighbours
11 Oct 2015 13:09:11 UTC
Topic 198267
So we have a "situation" here.
5 years ago the very nice lady next door moved away and the house was sold and promptly rented out to an Asian couple. Since then there have been a succession of people living there in addition to the original renters, most of whom only stay about 6 months. I would judge that they have been sub-letting their rooms all this time, which is probably against the tenancy agreement.
In the early 1900's terrace houses were built in blocks of 6 or 8 with an alleyway between the blocks which led to a rear pathway around the back of each garden for rear access. Mainly for the fire brigade and other emergency services. This house next door is an end of terrace one beside the alleyway.
Last week their front garden wall partly collapsed into the alleyway. It is fairly clear that the rest of the wall won't be far behind. They were asked to get something done about it, 5 days later nothing has happened, and the pile of bricks are still there.
I'm judging that they don't want to contact the owners because of the terrible state of the rear garden and who lives there.
So I have done my homework and paid a fee to the Land Registry and downloaded details about the house. I now know the name of those that own it, and the Company they have their loan with. It says the owners live there which they never have done, so I doubt it is a buy to let mortgage. There are a number of covenants on the property dated 1932
1. The owners will forever maintain boundary fences
2. The land is subject to Rights Of Way.
In the case of No.1 they are clearly legally responsible for the maintenance of the wall. In the matter of No.2 it must refer to the alleyway and rear pathway. That is likely deemed common land and owned by default by the Council.
If nothing is done within the next 7 days I will report the matter to the Council with a copy to the lenders.
Any comments?
Waiting for Godot & salvation :-)
Why do doctors have to practice?
You'd think they'd have got it right by now
Gun & Fames with the Neighbours
Can you do refer it to the Council anonymously? If so I would try that first, maybe from a payphone perhaps, just to keep 'neighborly' appearances up. Getting into a fight with a neighbor can have a lasting effect that never quite subsides, and often just gets worse.
Two comments. First, for
Two comments.
First, for the benefit of readers unfamiliar with English wordplay, I think we should point out that firearms have no place in this story.
Second: if the terrace houses were built in the 1900s, I suspect that the rear pathway was provided for a much more mundane reason: hygiene. The houses almost certainly had no internal sanitation, and probably only one sink/cold water tap for washing. The other necessary functions would have been carried out in the proverbial 'brick outhouse'. Without better knowledge of how urban your village was at the time, we won't know whether the outhouse was directly connected to a Victorian sewage system, or whether the pathway provided access for the night-soil wagon. That, and other trade vehicles such as coal delivery, were probably the main beneficiaries of the right-of-way. The fire brigade, under public management but still using horse-drawn pumps, would have gained access wherever they were needed, without bothering about legal rights of way.
The current ownership and access rights will depend on how the local government developed in the area. It's by no means certain that the rear pathway is either common land or owned by the Council: my access road is still "unadopted", and each section - out to the mid-line - forms part of the title of the house fronting it. Although there was a gradual process in place for the council to adopt these little side streets and re-surface them to modern standards, funds have now dried up.
I'd also presume that, in your area as in mine, council refuse collection is now done by larger vehicles that don't fit in those narrow access tracks, so for the most part, public access to the rear of the properties is no longer required, with all collections and deliveries being made at the front kerb-side.
Having said all that, I still think that your proposed course of action is the correct one: notify the council of your concerns, and then step smartly back out of the way and leave it to them. If the garden wall is perished, the house itself may be in need of a safety inspection, too. I don't think you should contact the lenders yourself, though giving the council a copy of the results of your research so far would probably be appreciated, and would confirm to them that you are taking this seriously. Similarly, you don't need me to tell you that the local ward Councillor will want to keep an eye on how things develop.
A point you should at least
A point you should at least consider.
People are still people even when they do stupid/illegal things. I would regard 'dobbing them in' (tenants and/or landlord) as a last resort if they don't decide to honour their obligations. Once officialdom is involved there can be rather extreme consequences. In that case the affected parties may suffer rather more than necessary. So, instead of contacting Council and Lending Agency immediately, a firm but polite explanation of the problem to the landlord (not the tenant since the problem is for the property owner) would minimise the risk of adverse tenant reaction.
If the correspondence was worded cunningly, the Landlord would realise he is actually in your debt for saving him the aggravation of dealing with people far less likely to give him a sympathetic hearing. Of course, there should be a short 'sunset' clause to make sure there is some quick rectification of the problem.
EDIT: Sorry, this was supposed to be a response to Chris, not Richard. I clicked the wrong 'reply' button :-).
Cheers,
Gary.
RE: Any
Two:
1. I feel your pain.
2. But what does this have to do with Einstein@Home? Posts like this lead to "other" comments and they lead to ....
RE: First, for the benefit
That of course was a nod to the Bristow cartoon in the Evening Standard.
Our house was built in 1908 and the alleyway and rear access was provided mainly for the Fire Brigade* and also for the dustbinmen**. We have 3 bedrooms or to be honest 2 and a box room. Originally there was a rear scullery/kitchen and an outside toilet. So it had mains sewage, and mains water, and gas, but no electricity. Lighting was by gas mantles or candles.
Most people by WWII had blocked off the access to the outside toilet and knocked a wall down from the scullery to get access to it from the inside. Of course these days that is now illegal, i.e. you cant have toilets & bathrooms directly opening onto living accommodation or food preparation areas. What we have done is to convert the scullery/toilet area to a downstairs bathroom with a utility room between that and the rear living room. Our front room (original lounge) is now a Kitchen/diner. It suits us anyway :-)
The latest update is that I tackled the main renter next door last night, and told him in words of one syllable that he either did something about this or that I would do. He said that he had been in touch with the owner. I also showed him the conveyancing documents from 1932 that showed that the Landlord he pays rent to is legally liable. I also said that I would be happy to see a replacement wall or possibly a fence which would be cheaper. They have been given options and they know that I will go to the Council and the lender as a last resort.
I take the point that the poster makes, so I have asked the moderators that this thread should be closed.
* These days they are more interested in in being a Rescue service for idiot members of the public who are as thick as two short planks.
** We still had proper dustbinmen 30 years ago, who were quite happy to hump your metal bin on their shoulder from the back of your garden. Nowadays we have Health & Safety operatives that won't lift a finger other than to move your wheelie bin from the front of your house to the back of their mechanised lorry, and press a button. Ah diddums .....
In our road we used to leave tips out every Xmas for the dustbinmen, we don't bother any more these days. They won't even remove a wheelie bin if the lid is open by more than 3" because that is what their union tells them.
Waiting for Godot & salvation :-)
Why do doctors have to practice?
You'd think they'd have got it right by now