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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been renting from a private landlord; a semi-detatched

Resolved Question:

I have been renting from a private landlord; a semi-detatched house with an attached garage, since Jan 2012. It is an Assured Shorthold Tenancy.
My landlord has applied for and received planning permission to build in the garden.
The plans are to reduce the width of the garage by a substantial amount, and to reduce the size of my gardens.
If it is developed as planned, the house will no longer be suitable for us.
Could we obtain an Interim Order for Specific Performance [house and garage as let] until our current contract ends in March 2016. Can we also refuse access to builders and materials?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know when the Landlord intends to carry out the work please?

Customer:

Thank you Alex.

Customer:

There is no timetable in effect. the planning permission was gained a fortnight ago. I would expect a party-wall act notice first

Customer:

I think I have to stop hitting the enter button..
However I do not wish the side garden to be a dumping or stotage ground for builder.

Alex Watts :

Ok - what you can do is apply for an injunction once he says he is going to carry out the works,

Alex Watts :

After all he may not do it until you leave. You should therefore write to the landlord and ask for an assurance that it wont be carried out until your contract expires.

Alex Watts :

If he refuses to give you this then you can apply for an injunction, but its not for specific performance.

Alex Watts :

You would need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court would list the matter for a hearing and decide whether to grant an injunction

Alex Watts :

But you are asking for a Prohibitive injunction. That is he is prohibited from carrying out any work.

Alex Watts :

Clearly if he gives you an assurance he wont be carrying it out until you leave there is no issue.

Alex Watts :

But this is what you can do and any injunction will need to be 'on notice'. That is he is given the Court date.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you
I shall write to the landlord and find out the timeline of intentions

Ash and other Law Specialists are ready to help you