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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9684
Experience:  I have been practising for 30 years.
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I live in a leasehold property. I occupy the top 2 floors.

Resolved Question:

I live in a leasehold property. I occupy the top 2 floors. The basement flat is rented out by the freeholder.
At the rear of the property are 2 garages. One owned and rented out by the freeholder. These garages completely block any access to the rear of the property so for example I cannot get the rear windows of my flat cleaned. I am having a new Sky aerial installed and the sky engineer will have to clamber over the roof of the garage to install a new aerial.
The freeholder and the person who rents the garage ( who is an employee of the freeholder will not allow access through the rented garage) so effectively I have no access to the rear of my property.
What are my rights?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Under the Access to Neighbouring Land Act, you are allowed to have reasonable access for any work required to preserve your property. That would include cleaning windows would not include putting the sky dish up.

If they will not grant access for you to do any maintenance to windows, gutters, walls et cetera, you can apply to court for an injunction and legal costs, with the injunction specifying that they must allow you access in the bay don’t, they are in breach of the order and liable to be arrested.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

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Customer: replied 1 year ago.
Many thanks for your prompt response to my question. The only other question relates to the question of right of access in the event of a fire?
Customer: replied 1 year ago.
Instead of access I should have said escape