Party Wall Agreement Notices

[Mona_T]

Hi All,

 

This is my 1st post so hopefully I'm not sounding too stupid!

We have obtained a Party Wall Agreement between ourselves and the owner next door. We have done the 14 day notice when received the document and before we started any work. The builders have removed the old wall and chimneys, however they are now looking to re-build the wall with the adjoining neighbour. As they will need access to their side, and this is the part I am getting confused, do we need to serve 14 days notice again? There's nothing in our agreement on this and it's what I've come across on a few websites. Also we have a difficult neighbour and our agreement is with the landlord, so we were going to notify the landlord to communicate with the neighbour when we intend to do the work and need access their property so to tell their tenant. 

 

Just wanted to ask if anyone has had a similar situation and if we do need to do the 14 day notice again?

 

Thanks in advance,

 

M

Edited January 15, 2022 by Mona_T

[Temp]

If the agreement includes knocking down and rebuilding a wall, and you have given 14 days notice of work starting,  then I dont think you need to give notice again for the rebuilding. This is just a continuation of the notified work.

 

 According to this..

 

https://www.partywall.info/rights-of-access-onto-neighbour-s-land.html

 

.. the extent of access should have been included in the PWA. 

 

[Temp]

Ps The landlord is constrained by tennants rights to "quiet enjoyment" as to what he can allow you to do. 

 

https://www.edwincoe.com/blogs/main/landlords-right-develop-v-tenants-right-quiet-enjoyment/

 

The Court concluded that there is a balance to be struck between a tenant’s rights of quiet enjoyment and non-derogation from grant and a landlord’s right to redevelop and/or its obligation to repair: the landlord has to take all “reasonable steps to minimise the disturbance to the tenant”.

 

Although he does have some rights of access. 

[Temp]

Perhaps I should clarify what I mean.. Your rights under the Party Wall Act may put the landlord in trouble with his Tennant. That's his problem but it might mean he can't voluntarily allow you full access. You might have to assert your rights. But see what he says when you tell him when you plan to start rebuilding.