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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had a note from a film company informing me that

Customer Question

Hi i have had a note from a film company informing me that filming will be starting on 3 September in the house upstairs from me. I live in a converted Victorian town house, where the family upstairs have the top three floors and I own the lower floors. In addition, there are communally owned parts to the property including internal coomunal stIrs with access to the back garden.
I had no idea that this was going to happen and have had no notice until today around dates. I put my house on the market a week ago and this us clearly going to impact my ability to sell my house.
I have checked the deeds for my property, it appears that I am blocked from using my house for any purpose other than residential, it does not say if that restriction is applied to the house upstairs. It does however prohibit anything activity that may be constituted a "nuisance". The filming schedule includes internal filming in the upstairs house during the day and overnight, this I believe may include filming outside in the back garden.
I am wondering what my rights are here? I am not trying to be difficult and I know that the people upstaira are being both rehoused and financially compensated. I have also been ill recently, having to take 3 months off work because of exhaustion due to the difficulties I have sleeping, I cannot afford to have any disruption at the moment!
Can somebody help please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you want to stop the filming?
Customer: replied 1 year ago.
I'm not sure, I just want to be sure that I'm not inconvenienced, but I would like to know if I can stop the filming or if I have a right to compensation or something!
Customer: replied 1 year ago.
I should also mention that I'm in Scotland
Expert:  Ash replied 1 year ago.
Have you asked for payment? How much do you want?
Customer: replied 1 year ago.
I haven't done anything, I just want to know at the moment what I can and cannot do eg if I wanted to stop it, could I? Should they have consulted me? Can they go ahead without my permission?
Expert:  Ash replied 1 year ago.
They should have notified you in advance not just dropped it on you. You can stop it if you seek an injunction, but that would involve going to Court. You can ask for compensation for distress caused but if they refuse you would need to issue a claim in Court.
If its £3000 or below it would be a small claim and you can do it here: https://www.scotcourts.gov.uk/taking-action/small-claims
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Could you clarify please what are the grounds for stopping this? Eg does this constitute a nuisance? Can they use jointly ownedproperty for this purpose without my permission? The walls are paper thin!
Expert:  Ash replied 1 year ago.
If it causes you distress then it could be a nuisance. They dont need permission from you but the Freeholder.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex