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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The owner of the flat above our retail shop wants to do

Customer Question

The owner of the flat above our retail shop wants to do building works on the property, which means scaffolding will be outside for at least 12 weeks with the possibility of them going up again next year. Is there anything, apart from in the lease contract, that protects us from him doing this, or even grants us remuneration for him obstructing the front of the shop? As far as I can see nothing is mentioned about building works in the agreement.
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
Just to note we have a lease for 3 years from the freeholder. The freeholder is not the man who lives upstairs.
Expert:  Ash replied 5 months ago.

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

Who owns the land where the scaffolding is going to be on?
Alex

Customer: replied 5 months ago.
Hi Alex,
The owner of the land is our landlord, Eve Warren.
Ben,
Expert:  Ash replied 5 months ago.

Just to be clear, nothing in the lease which says he cant do this?

Customer: replied 5 months ago.
That's correct, as far as I can see.
Expert:  Ash replied 5 months ago.

Ok, then its bad news I am afraid. There is nothing you can do to prevent this.

You may be able to claim some loss of enjoyment or reduction in rent.

If the Landlord does not you may be able to sue for it.

But you cant stop the Landlord doing this as the agreement doesnt prevent the Landlord doing so.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 5 months ago.
Thanks for the advice. When you say we may be able to claim some loss of enjoyment or reduction in rent, are you suggesting we have any legal rights to this?
Expert:  Ash replied 5 months ago.

Only generally if the agreement says you have.

You can always try it on, even as a small claim in the County Court for a nominal amount.

Does that clarify? ALex

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