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Advice please
Advice please
by gab93011 » Wed Jan 11, 2023 3:22 pm
I own a Quad style house and we are having issue with the house adjoining us to the rear, a house that we share internal walls with on all three levels . The house is on a community and both mine and the other property are mainly used as holiday home with a plan that we move out more permanently in the future
This offending property is owned by a family in the UK and they haven't visited for 5 years
. They owe four years outstanding community charge, the garden is completely overgrown making it a huge fire risk, and it is full of rodents. We now have a wild hawk daily perching on the roof waiting to choose its lunch . The administrator finally after 4 years has started legal proceedings to recover the outstanding monies owed but claims that nothing can be done regarding the garden/ general state of the house owing to 'horizontal law and trespass'. Surely this cant be right, we have suffered mold through the adjoining wall and expect a fire etc etc .
Is there anything legally that would give is the authority to enter this garden, clear it and at least remove the potential fire issue
This offending property is owned by a family in the UK and they haven't visited for 5 years
. They owe four years outstanding community charge, the garden is completely overgrown making it a huge fire risk, and it is full of rodents. We now have a wild hawk daily perching on the roof waiting to choose its lunch . The administrator finally after 4 years has started legal proceedings to recover the outstanding monies owed but claims that nothing can be done regarding the garden/ general state of the house owing to 'horizontal law and trespass'. Surely this cant be right, we have suffered mold through the adjoining wall and expect a fire etc etc .
Is there anything legally that would give is the authority to enter this garden, clear it and at least remove the potential fire issue
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Re: Advice please
by Chrisdee » Wed Jan 11, 2023 4:14 pm
I think the administrator can send a letter telling them to sort it out within a time frame and if it's not done then the president can arrange for it to be done and the owner will get the charges added on to what they owe
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Chrisdee - Posts: 12265
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Re: Advice please
by marcliff » Wed Jan 11, 2023 4:21 pm
We had a problem with overgrown gardens, especially during the time when travel was restricted.
Our administrators sent an email to everyone saying that if nothing was done, the gardeners would tidy up the gardens etc and the owner would be billed.
Several never replied and the gardeners went in, did a very good job and the admin billed the owners on their next community fee payment.
None of this horizontal law and rights of access etc. It was just done and we were informed about it at the AGM.
Our administrators sent an email to everyone saying that if nothing was done, the gardeners would tidy up the gardens etc and the owner would be billed.
Several never replied and the gardeners went in, did a very good job and the admin billed the owners on their next community fee payment.
None of this horizontal law and rights of access etc. It was just done and we were informed about it at the AGM.
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marcliff - Posts: 9695
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Re: Advice please
by Elliemayc » Thu Jan 12, 2023 8:59 am
Surely the rats make it a health hazard that your local town hall should be able to help with?
Administrators are usually paid a lot of money to help with problems and should be able to advise you where to go for help. Too many of them don't give this help. Previously at a different property they were 'persuaded' to help when we mentioned getting quotes from other companies.
Administrators are usually paid a lot of money to help with problems and should be able to advise you where to go for help. Too many of them don't give this help. Previously at a different property they were 'persuaded' to help when we mentioned getting quotes from other companies.
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Re: Advice please
by Yan » Thu Jan 12, 2023 10:55 am
If the owners have outstanding debts in place, what makes you think they would pay for their garden to be cleared. The gardener would end up with an unpaid bill, or charge it to the community. In which case more debt for the community,that will probably take forever to recoup.
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Yan - Posts: 390
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Re: Advice please
by Chrisdee » Thu Jan 12, 2023 12:19 pm
They add it onto what they already owe. At least it gets cleaned up
Yan wrote:If the owners have outstanding debts in place, what makes you think they would pay for their garden to be cleared. The gardener would end up with an unpaid bill, or charge it to the community. In which case more debt for the community,that will probably take forever to recoup.
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Chrisdee - Posts: 12265
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