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leanne-jones, Barrister
Category: Property Law
Satisfied Customers: 183
Experience:  Barrister
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I represent the freeholder and we requested to access a basement

Customer Question

I represent the freeholder and we requested to access a basement flat property to carry out external decorations works. Lease says 7 days notice but we are in a hurry and would like to gain access before. If there is no consent, we need to go by the 7 days lease notice, do we enter with Police after 7 days if access still not granted?
If we get consent tomorrow and install the scaffolding, can he take the consent back and sue us because 7 days notice was not given?
If he refuses to pay his 25% share of the redecorations costs and 1 of the other lesees pays from their money his share, can the money be recovered and the lessee can sue the basement owner or the only way to recover the money is the freehold company taking legal action?
Submitted: 4 years ago.
Category: Property Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Do you believe they would not consent? Why do you need less than 7 days?
Customer: replied 4 years ago.
The Scafolding is urgent! Lease asks for 7 days notice. The consent of access has been denied so if we issue 7 days notice and he still denies consent how do we get in to install Scafolding? With police?
What do we write in the notice as I found no templates?
Expert:  leanne-jones replied 4 years ago.
The Police won't help as they are likely to say this is a civil matter. But you can try the police but just don't be surprised if they refuse. If the tenant refuses what you need to do is say you are gong to issue court proceedings unless they do,

If they still refuse then you will need to issue proceedings in the county court and apply for an injunction. An injunction is an order of the court making or stopping someone from doing something, in this case giving you access. You would need a solicitor to draft an application and represent you.

If the tenant refuses to comply with the order then they can be sent to prison or fined for contempt of court. But try the police and if this fails, which I suspect it will, an injunction is what you need. But in reality this is likely to take around 14 days or so to secure.

I am sorry this may not be the answer you want but I have a duty to give an honest answer, even if it is not what you want to hear.

Expert:  leanne-jones replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?