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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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I am a landlord to a groundfloor 2 bedroom flat in Battersea,

Resolved Question:

I am a landlord to a groundfloor 2 bedroom flat in Battersea, in London. I am currently letting it. The next door flat are planning an extension which would require knocking down the garden wall which divides the two flats and rebuilding it higher so he can extend his flat. My kitchen and bedroom window look onto it. It is very close. The gardens are like passages. Supposing my tenants decide to move out or ask for the rent to be lowered because of the building work going on next door. Can I claim on the owner who is doing the work? The conversion has been passed by planning at Wandsworth Borough Council will make my flat very very dark with no light, we are now working out the party wall agreement.

Any ideas for not disruption.

Many thanks
Mary Rose Proctor
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you referring to the noise and disruption or the change to the outlook/view?
Customer: replied 2 years ago.

I am relating mainly to disruption. The high wall I will just have to cope with. There does not seem to anything I can do to stop this now.


 


The party wall is about 2 strides if that from kitchen window!


 


Many thanks


Mary Rose

Expert:  Jo C. replied 2 years ago.
Thanks.

As this is outside your control, you have no liability for it and therefore if the tenant wants compensation for disruption or nuisance, they should seek it from the owner of the property next door.

They are not entitled to withhold rent even if it was work that you were carrying out. In that case, they would have to bring separate proceedings against you

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

Dear Jo


 


I think your slightly missing the point which is my tenants could leave due to the disruption and therefore I will lose income, or they could ask for a reduction in the rent and I am wondering whether I can negotiate compensation from my neighbour. The party wall act does not appear to allow for compensation. Do I have any other recourse under law if I lose income due to my neighbours development?


 


Many thanks


Mary Rose


 


 

Expert:  Jo C. replied 2 years ago.
The tenants cannot leave due to the disruption because they have signed the tenancy agreement and you are not in breach of it because next door is doing some work. If they do, you will be entitled to sue them for rent until such time as you get another tenant or until the end of the term whichever is sooner.

You are correct that the Party Wall Act does not allow for compensation but you may have a claim in common-law Private nuisance if you suffer loss.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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