How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

My daughter owns a leasehold flat above a shop. The flat has

Resolved Question:

My daughter owns a leasehold flat above a shop. The flat has its own entrance (adjacent to the shop below) but the lease owner parks his vehicle directly in front of the entranceway. This makes access to my daughter's flat very difficult. Is the lease owner allowed to park in front of my daughter's flat entrance way or is my daughter supposed to have free access to her entranceway?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Who owns the land where the entrance is where the landlord parks?
Customer: replied 1 year ago.

I have to assume that the land, as such, is "owned" by the Lessor and my daughter is the lessee of the flat above his shop. However, she has a totally self contained entranceway (covered step leading to her own front door), which is immediately to left of the shop window. The owner (Lessor) parks his van in front of his shop (presumably on what would have previously been the front garden area) but frequently blocks or restricts clear access to the entranceway of my daughters flat, often to the point where she has to squeeze around the lessors vehicle to enter or leave her flat. This, by itself, would surely constitute a hazard in the event of her having to get out of the flat quickly, say in the event of a fire.

Expert:  Ash replied 1 year ago.
Potentially its not having peaceful enjoyment. She should write and ask the LL to stop parking there. If he refuses then you can seek a Solicitor to write a letter, ask to stop and say they will get a Court order if he refuses.
If he continues to do so then you can seek a Court order. You would need to complete form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter and decide whether to make an order. If the Court does and he breaks it this is contempt of Court for which he can be warned, fined or sent to prison
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

That's a pretty anodyne response. I was hoping that you might have known if the LL was contravening any "right of access" or Health and Safety legislation, by blocking or restricting her ability to access or more importantly leave the building in the event of a fire or similar emergency. I've manage to uncover the Regulatory Reform (Fire Safety) Order 2005 and believe he may be in contravention of the following clauses...


Emergency routes and exits


14.—(1) Where necessary in order to safeguard the safety of relevant persons, the responsible person must ensure that routes to emergency exits from premises and the exits themselves are kept clear at all times.


(2) The following requirements must be complied with in respect of premises where necessary (whether due to the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to safeguard the safety of relevant persons—


(a)emergency routes and exits must lead as directly as possible to a place of safety;


(b)in the event of danger, it must be possible for persons to evacuate the premises as quickly and as safely as possible;

Expert:  Ash replied 1 year ago.
If it does not stop access then it may not contravene. What you need to do is get a visit from a fire safety officer. The officer will tell you whether it contravenes.
If it does then potentially she can seek action and sue for breach of contract. She would be able to go to Court and get an injunction to stop him parking there. if there is an injunction and he continues he could be sent to prison for contempt of Court.
Does that help?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions