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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 and 3 other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years 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