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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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We have recently rented a property through an agent. Today,

Customer Question

HI there, We have recently rented a property through an agent. Today, i received an email from the agent (on behalf of the landlord) saying 'your neighbour will begin work on the 23rd September' - it said nothing more. I assume this work is to do with the garden boundary wall as we permitted a surveyor to view the wall some weeks back, on behalf of the landlord.
I have checked the local planning application website and our neighbours have no permission for whatever work they are planning.
My question is whether i am permitted to decline our neighbour's builders access to my garden? I'm assuming that my landlord has granted them permission but am i correct in thinking that he is not entitled to grant access to a third party unless it is for emergency repairs (or unless the neighbour applied for planning permission or a court order for work to a party wall).
Grateful for your advice.
Submitted: 2 years ago.
Category: UK Property Law
Customer: replied 2 years ago.
Please note i have asked the agents to confirm what type of work is about to begin, so far they have yet to respond to my emails.
Expert:  Buachaill replied 2 years ago.

1. This point is governed by the Access to Neighbouring Land Act, 1992, and subsequent amending Acts. Here, the neighbour is entitled to access the landlord's land for "necessary works" once he gives notice to the landlord and receives the landlord's assent to those works being carried out. Should the landlord or you refuse, the matter would go before a judge and as a general rule, access be granted. If you refused permission here after the landlord had given permission, you would simply have an order for legal costs made against you in a court application, as access is always granted in this type of case. The law leans in favour of allowing the works to be carried out, once the person making the application acts in good faith. There is no limitation that works only apply to "emergency repairs" as you have suggested in your question. However, as a matter of courtesy, the landlords' agents should provide you with a list of the works to be carried out, if the landlord's agents do not provide it to you.

Expert:  Buachaill replied 2 years ago.

2. However, my advice to you is not to oppose the works now the landlord has given permission. You will simply be on the receiving end of a court application, with a liability to legal costs resulting. Once the landlord has given permission, the neighbour is entitled to carry out the works.