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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have moved into a new house and agreed to allow the developer/

Customer Question

I have moved into a new house and agreed to allow the developer/ builder to erect scaffolding on the property at the end of our garden. They advised this would be for 3 weeks. We are now 9 weeks later and they have advised me that the works will take a further 4 weeks. Can I now refuse them access on our property or request a fee for he inconvenience?

Thank you.
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
What loss has this caused you?
Customer: replied 4 years ago.
We have been unable to complete hard landscaping as the scaffolding is obstructing the area we wish to have a patio. This work may not be completed due to the scaffolding.
Expert:  James Mather replied 4 years ago.

I would tell the builders (do it
in writing) that you allowed this on the strict understanding that it would
take three weeks. It has now been nine weeks and the delay is unacceptable and
is causing you inconvenience and because the weather is now deteriorating, and
you wanted to get a patio laid during the good weather, you anticipate a
substantial loss. Tell them that they must remove the scaffolding within the
next 48 hours or you will arrange to have it removed yourself and bill them for
the costs of removing it and for storing it.

Tell them that as an alternative,
you are prepared to act the set the sum of (£500?) On the strict understanding
that the scaffolding is removed completely by X date, that any damage is made
good at their expense, and that if the scaffolding is in place for a longer
period than that, they will pay you compensation in the sum of (£25?) per day

Tell them that you require the
payment of £500 immediately.


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