Forcing leaseholder to give access

[Jacki Lloyd]

I own and let a first floor maisonette that has an internal rear staircase down to the rear garden. The garden is shared with the Gnd floor leaseholder (I am also the Freeholder of both flats). I learned that the supporting wall for my tenants’ rear internal staircase, which is in the lower flats kitchen, has been removed to give him a bigger kitchen, thereby rendering it potentially unsafe for my tenant to use. I have told my tenant not to use the rear stairs at present.

I have tried communicating with the leaseholder to have an independent survey done to establish its safety, but he behaves aggressively and makes getting access so difficult and unreasonable that surveyors won’t take the job on. He knows if it’s found unsafe he will have to pay for its repair and reinstatement. How can I force him to give reasonable access? Can I go to his mortgage company and get them to force him?

 

[Jeffrey Shaw]

As freehold reversioner, you ought to be holding the counterpart lease for the GFF. Read it. There's almost certainly a clause prohibiting structural alterations- either absolutely or "unless with the lessor's prior consent"- and it seems that Mr Downstairs is in breach. You need to get your solicitor on the case in rder to serve a Notice under s.146 of the Law of Property Act 1925. Do NOT try this yourself. Be reassured that Mr D has to pay all your legal fees for covenant enforcement.

 

[Jacki Lloyd]

Thanks very much for the advice Jeffrey, I will do that.
Mr D has said he will only allow a survey "between 8-9am on a Friday with 4 weeks notice" and that he may have work commitments that mean he may cancel the appointment at short notice. Surveyors are, quite rightly, reluctant to take this survey on. His bloody mindedness may cost him dear now.
Thanks once again.
Jacki

 

[Jeffrey Shaw]

Mr D has said he will only allow a survey "between 8-9am on a Friday with 4 weeks notice" and that he may have work commitments that mean he may cancel the appointment at short notice.i

Is there not a covenant in the lease requiring the lessee (T, i.e. Mr downstairs) to give the lessor (L, i.e. you) reasonable access to inspect- perhaps on 48hrs Notice except in case of emergency? His work commitments cannot override such a requirement!