Neighbor wants to run Scaffolding through my Flat

Part grievance, part in need of advice.

DH and I live in a group of 5 or so flats.  Most of the flats are privately owned, but we rent ours through a dude who owns it and goes through a letting agent.  Since we are the front ground floor flat, the upstairs neighbor wants to use our flat to run scaffolding through our front window, through the living room, hallway, and bedroom, and out the back window... as the back garden is inaccessible via any other way.  Apparently, the outside wall of her flat needs repairing.

DH is like "ok whatever" and I am very much a loud, resonnating "F NO!"  And this is why:  I don't feel comfortable having my flat open to more than a dozen anonymous people over several days time when we are at work and no one is there to supervise.  Hubby and I are tech nuts, and as such have something in the ballpark of £9k-10k worth of computer, video game, and entertainment electronics in our flat.  While Im not stereotyping builders or making accusations before anything's happened, it doesnt take a genius to realize they could walk off the job with a couple grand in goods and find another job somewhere else.  Or worse, write down our address to come back at a later time, possibly with friends.  And then of course there is the issue of running big, heavy poles through right next to and among fragile electronics.

My stance is WE shouldn't have to take time off work to sit around and babysit adults coming and going in the flat. WE should have the right to say "sorry but no."  Hubby is of the impression we will just be overuled on that stance because we rent.  My response? Civil disobedience.  I am prepared to get everyone I know to calmly stage a sit in if needed, making the job impossible.  While I know that I have the right to civil disobedience, I cant seem to find anything online to our rights in outright refusing this to happen.

The only other option I've thought of is to draw up a contract, listing what we have of value and making either the neighbor or the project manager sign it, making them soley and 100% liable for financial compensation of anything stolen/broken.  But even this doesnt make me the least bit happy.  We pay for the space, therefore we should be able to say yay or nay.

Not to mention the last time we let our letting agent send someone in to do something, he tracked mud in all over our white bedroom carpeting, which Im betting is going to come out of our deposit.

RRR its making me angry. Why bother asking our permission if it's not going to matter?  I promise that I will inconvenience myself by taking time off of work to stage a sit in to make the job impossible... just to have my say.

Any advice?

Yeah, no f'ing way I'd let somebody run scaffolding through my house, and I think you're right to say no.  I'm fairly certain that a standard lease doesn't give the owner the right to make you have to live with random construction equipment running through the house, but you'll need a lawyer or citizen's advice bureau to tell you which paragraph of the lease to invoke.

As an aside, I own a place outside Washington DC, and I can't imagine asking my tenant to live with something like this.  I feel bad for her inconvenience whenever something breaks, much less asking her to deal with something like you've been asked to put up with.

No way!!!! How are you supposed to be living in and enjoying your space when there is scaffolding everywhere and loads of construction workers around? Where's the privacy in that? Not to mention the valid points you make about your things. Even if you didn't have all that equipment and stuff, everyone has stuff of some kind and to them, it's valuable. You never know what sorts of things strangers might do in your house. It's unacceptable. Have you spoken with the owner of your property? You should definitely tell them your feelings about this, as well as find out what your rights are as a tenant (I have no idea how to go about this, but surely there are some guidelines somewhere!) Good luck.

Just to make sure I understand what is happening: your neighbour wants to put up scaffolding in the back garden, and the only way to access the back garden is through your flat?

If that's so there is no need to give unrestricted access over a number of days.  On the days they erect it will take 20 or so minutes to take the stuff through to the back and then you won't have to deal with them again until it's time to take it down.  Not sure if that changes your outlook.

If you really don't want to do it then your neighbour can't make you but your landlord probably can.  If your flat is really the only access to the back garden then your landlord may not have a choice depending on how the ownership of the building works as there is quite often some provision of access to deal with infrastructure repairs on the building.

Is it worth creating bad blood with your neighbours when all they are trying to do is repair the building?

Another thing to think of is it in your interest to live in a building with outside walls in need of repair?

If I'm wrong and they want to erect scaffolding actually in your flat, which I think the other posters have assumed, then ignore the above.  That's totally unreasonable (and very odd.)

If I'm wrong and they want to erect scaffolding actually in your flat, which I think the other posters have assumed, then ignore the above.  That's totally unreasonable (and very odd.)

I got the same impression as you, PR. It sounds as if they just want to carry the scaffolding through your flat. If it were me, I'd agree to it. It doesn't seem all that unreasonable. I'm trying to understand a scenario in which the scaffolding would need to be put up in your flat at all, and I can't work it out!

You are correct, it's not In the flat, but through it.  We dont own the garden, but our windows apparently provide the straight route.  We were told by the project manager it would be over several days, during working hours.  I've taken this to mean more than one day, for more than 20 minutes.  

It depends on what you mean by "creating bad blood."  the neighbor in question has never bothered to introduce herself before today, and finds it perfectly acceptable to keep her windows open while having loud, violent sex at 2am.  The wall repair is probably due to the structural integrity of the wall being compromised through the headboard of the bed having hit it one too many times.  Given that we are on equal terms of owing each other nothing, I feel no real need to grant permission out of courtesy.

Furthermore, the wall hasn't collapsed in the 200 years of the building's life and, given that they know we are looking to buy elsewhere, surely another few months until we move out wouldn't be the proverbial straw.

You are correct, it's not In the flat, but through it.  We dont own the garden, but our windows apparently provide the straight route.  We were told by the project manager it would be over several days, during working hours.  I've taken this to mean more than one day, for more than 20 minutes.  

Hmmm... yes, that's different. I was assuming it would be a quick job.

The wall repair is probably due to the structural integrity of the wall being compromised through the headboard of the bed having hit it one too many times.  

Sound like your not worried about bad blood then...

Is your flat the only access to the garden or just the easiest?  If it is the only access then I don't think it was to unreasonable to ask - although YMMV.  I see no reason why they'd need to transport the scaffolding over a number of days - it makes no sense.  It may be worth making sure exactly what they are asking for before you start erecting the barricades.

Just to add, I'm not sure about any legal rights but some places to start your own research might be:

-Tenancies give the landlord access rights to conduct repairs, maybe investigate the limits?

-I'm not sure if the "Party Wall Act" applies here, do you technically share the wall?  This give your neighbour limited access rights for repair -  again not sure exactly how that works in this case.

-Depending on how the building is owned your landlord may be compelled by covenant or some such to allow access.  Talking to your landlord to see where he stands is a good start.

Thanks for the advice PR.  No, our flat is not the only way into the garden (and even that's just the window... the garden is owned by the people under us but they have a garden flat, making it impossible to go thru. from our window, the garden is a 1 story drop). Not having seen the flat next to and slightly behind ours, I cannot say for certain ours IS the easiest, but I can see why they figure this to be the case.

And I hope no one is mistaken my rant and objection as just being difficult and/or looking for conflict. Aside from the concern I listed in the original post, it's a point of paying for the right to live there and having almost no say in what they plan on doing.

Aside from the concern I listed in the original post, it's a point of paying for the right to live there and having almost no say in what they plan on doing.

Bearing in mind I only know the details you've posted...

It seems that all your neighbour has done is ask could they transport some scaffolding through your flat, they've not tried to force you to do anything.  You do have a say here, your neighbour doesn't have the right unlimited access to your flat and it doesn't sound like they think they do.  Are you sure your not getting upset prematurely? 

I'd really suggest you find out exactly what they want you to do and I'd certainly give your landlord a heads-up.

I believe that even if you object they can still demand to use your flat as access and cite potential health and safety risks for either the workmen having to transport the scaffolding through a potentially unsafe route OR that if they cannot access through your flat to erect the scaffolding and therefore unable to repair the exterior wall which it's obvious need of repair could in itself create a health & safety risk to someone potentially being hit by falling debris if not repairs to which you potentially could be liable by not allowing the access to begin the repair... does that make sense?

I dunno just how my brain works sometimes. FWIW, I live in a 6 story block of 97 flats. It took the workmen 2 hours to construct the scaffolding up to the 5th floor a couple of weeks ago.

It seems that all your neighbour has done is ask could they transport some scaffolding through your flat, they've not tried to force you to do anything.  You do have a say here, your neighbour doesn't have the right unlimited access to your flat and it doesn't sound like they think they do.  Are you sure your not getting upset prematurely? 

I think I may have phrased the situation a bit hurriedly, and therefore not as clear as it could've been.  The neighbor has merely left a note on our door stating what is GOING to happen ie using our flat to run scaffolding through and out the back window.  The project manager is the one whom my hubby has spoken with who has basically said if we choose to deny access the letting agent/landlord can, in all likelihood, overrule the decision.

It would have been polite if she actually asked you!

Your landlord does have the right to reasonable access to make repairs, I'm sure this is the same the world over, but "reasonable" doesn't mean you have to let all and sundry wander around unsupervised.  You're perfectly within your rights to limit the access to what is strictly necessary.  It may take weeks to fix the wall and all day to erect the scaffold but if all they need access for is to move the scaffold into the back then they have no need to have access all week - I mean what are they going to do, take the poles through one every day?

Also just because the PM said your landlord can overrule you doesn't mean he necessarily will.

Also just because the PM said your landlord can overrule you doesn't mean he necessarily will.

Sorry, but as a landlord I would probably overrule you. But, ONLY if not repairing the wall could somehow affect my property. Is this something that could cause water damage in the building over the long term, is this affecting the structural soundness of the building...that kind of thing.

Is it possible the property manager meant the job would take a few days, during regular hours, not the installation of the scaffolding?

Edited to fix the quote