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Harringay, Haringey - So Good they Spelt it Twice!

Hello

Can anyone recommend a solicitor specialising in residential matters - not just conveyancing?

I'm having problems with the owner of the flat above ours. It is a rental flat. He is encouraging his tenants to use the flat roof to our extension as a roof terrace when it most definitely isn't a terrace.

Am at the point of writing formally to the owner, his tenants and his letting agents, but want to make sure that we are armed with all the relevant infomation if the owner continues to be unresponsive and we have to go down the legal route...

Thanks.

Deepa

Tags for Forum Posts: residential solicitor, solicitor

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try looking in the planning dept online, they will have copies for you to look at and it will tell you the restrictions of planning permission ie the flat roof cannot be used as a roof terrace only for emergency exit if needed.jane
Thanks, Jane. I have spoken to the Planning Dept before and they confirmed that they have never received a request or given permission for the roof to be used as a roof terrace. Might try them again, though, for some advice. However, I think I probably do need to speak to a solicitor too so I know where we stand if it does come to legal action.
My advice would be to act quickly (as I can tell you are already) because there is a time limit and if the flat roof has been used as a terrace for more than 3 years (I think) then they will gain legal right to continue using it as a roof terrace (even if it is unsafe to do so!!-crazy). If they have recently put in doors (for example) to access it then you can order them to have them taken down or permanently locked. I have had a very similar issue in my flat an found the planning department to be useful when they came to visit.
good luck
Sally
Hi Sally,

Thanks for the advice. The doors were put in years ago without planning permission - too long, I think, to challenge them being there. So, I don't know what, if anything, the planning dept could do. Could they challenge the landlord for encouraging this tenants to use it as a roof terrace when there's never been planning permission given for this? I don't know.

However, there is no precedent for the roof being used as a roof terrace - people have tried to use it in this way and it was so badly by this that we and the upstairs owner had to pay jointly to have it replaced at great cost three years ago - hence my concern now. I have a written guarantee from the roofer who replaced it that it shouldn't ever be used as a roof terrace. I feel I'm on reasonably strong ground, but think that it's probably something I need some legal advice on. So any solicitors' recommendations would be welcome.
If the flats are leasehold, a complaint to the Freeholder, along the lines of their behaviour is damaging the flat roof, should help.
The trouble is that we - myself and my husband and the upstairs owner - are joint freeholders!
I've used Osbornes Solicitors in Camden Town for leasehold matters, they are a large general practice at Livery House, 9 Pratt Street, London NW1 0AE. Good luck it sounds very irritating!
Thanks - will consider giving Osbornes a go. It is very stressful and annoying!

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