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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8552
Experience:  I have been practising for 30 years.
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A property owned by a SSAS which is empty faces a skip re

Customer Question

A property owned by a SSAS which is empty faces a skip hire business , the owner is somewhat aggressive and has decided to use the empty property as an extension to his own property parking skips on the property which is effecting the sale/renting out of the property car park owned by SSAS what is the best way to get these unwanted skips off the car park
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

Are the skips being parked on the property car park which is for sale or rent?

Has anyone written to the skip owner?

What is your interest in this?

Can we have details of what attempts have been made to remedy this to date please?

Customer: replied 5 months ago.
Background1. The SSAS owns the freehold commercial property and designated car parking in front of the building all of which appears on the LR documents . the car par is open plan onto the industrial estate road .
2. The industrial estate is owned collectively by all the freeholders for which the there is a management company , however more or less dormant .
3. The Skip owners purchased a number of car parking spaces on a designated communal car park (so many spaces allocated to some of the freehold properties on the industrial estate ) however the communal car park was largely unused
4. One or two of the communal car parking spaces were allocated to the SSAS property however via various swaps over the years )(pre the SSAS purchase of the property) however do not appear upon the LR documents and all car parking spaces appear to be owned by various freeholders of which the skip owner owns about 8-12 out of 30 spaces, he the fenced ff the car park and has developed this without permission into a yard without a building which is used for storage of Skips lorries and waste .
5. Since the SSAS property became empty over a period of time the skip owner has taken over the open space car park and placed more and more skips on the property .
6. Originally when asked to move the skips he removed them from the property and after a week or so started to place the skips back onto the car park .
7. therefore every time a potential buyer or person looking to rent the property views the property the skips are back on the car park .
8. A couple of letter have been written requesting the removal of the skips without response
9. We want to sell the property and use the capital for other projects within the SSAS
10. As we understand it the skip hire business has been transferred to to the grandson of the original owner who to say the least is aggressive and we are concerned about reprisals upon the commercial property in the event of legal dispute however we feel we may not have any alternative .
11. We would like to try a back door complaint re planning on the original use of the communal car park as the area is not being used as designated which may or may not force the company off the estate and/or hold them to only using the car parking spaces they own.
12. As most of the freehold owners have tenants and his skip hire business has little or no effect on their business they are shying away from any fight for similar reasons to those detailed above.A.) What options are available to us
B.) Further we belive their have been mistakes in the LR documents which have caused the SSAS loss , the conveyancing solicitors went into administration .
C.) we understand that there is detail which need looking at face to face however an holistic overview is what we are looking for and assistance on a strategy before seeking further legal advice .Thank you
Expert:  F E Smith replied 5 months ago.

You can’t do anything about any reprisals except go to the police if you have proof of the culprit.

If the Skip Business owner takes no notice of correspondence from you or a solicitor the only remedy is to reply to court to get an injunction to prevent him parking or putting skips on the area. It really is as simple as that.

If the property is up for sale, there is obviously some urgency in the solicitor can attach a certificate of urgency to the application to court for the injunction and you could get the injunction within a few days. If the solicitor threatens the application and an application for costs, the skips are not removed, it may have the desired effect although if the effect is short lived, you can then simply make the application to court without notice on the basis that the Skip Business owner as being forewarned.

Any local solicitor can send a strongly worded letter which the Skip Business owner would be silly to ignore.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid. We can still exchange emails.

Best wishes.

FES.

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