thesundaytimes.co.uk | 06 Feb 2022

thesundaytimes.co.uk | 06 Feb 2022

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Source URL: https://www.thetimes.co.uk/article/my-neighbour-wont-pay-for-half-of-my-new-fence-cjmcmncpc

HOME My neighbour won’t pay for half of my new fence Plus reader questions on granite sinks turning white, fire-safe door hinges, dispute with a freeholder and roaming cats

06 Feb 2022 01:01:00 My neighbour won’t pay for half the fence

I live on a steep hill. The difference in level betweenmy garden andmy neighbour’s is just over one metre at the worst point. The whole boundary fence, which is mine, needs replacing. Due to the difference in level I would need to retainmy neighbour’s soil, which is adding many thousands to the three quotes I have received. My neighbour is so far refusing to contribute, even though I have pointed out it is the need to hold his land back that is adding to the considerable cost. Could I insist that he contributes, as without a retaining wall his soil would fall on to my property? Christine If the fence that you are proposing to replace at present retains the neighbouring soil, and your title deeds make it clear that you are responsible for the boundary, then you are responsible for the costs of its replacement. You are quite right to have tried to resolve the matter with your neighbour. However, if they are not responsible for that boundary, there is little you can do to insist that they do. This would be different if it was not clear who is responsible for the boundary. If the retained soil causes any damage to the boundary fence, then you may be able to seek to recover damages in respect thereof from your neighbour. Emily Walker, solicitor, Ramsdens, ramsdens.co.uk My granite composite sink is turning white I inherited a granite composite sink. Over time it has become cloggedwith a white film. Bicarbonate of soda and vinegar are not shifting the film. I don’t want to replace it. What can I do? Sho It sounds like a layer of grease. Be cautious on granite and use a detergent such as Fairy Liquid, which is a degreaser, with a microfibre cloth. If that doesn’t work, mix hydrogen peroxide with whiting powder (available from art supply shops or online). Mix into a paste and brush on to the sink with a washing-up brush. Use rubber gloves and goggles. Leave the paste for 12 hours; rinse and brush off. You can cover the sink with clingfilm while the paste is on. If the drain is blocked, Mr Muscle activated by hot water clears grease blockages effectively. To stop grease build-up, scrub sinks regularly with Fairy Liquid and warm water. Untreated stone sinks and worktops require constant cleaning; ceramic sinks are more durable. If I redid a property, I’d put a steel kitchen in. The main tip with natural stone is to avoid using limescale remover. This can damage it. Keep on top of it with a microfibre cloth.

Edward Jonkler, founder, Remora Cleaning Do fire doors require special hinges?

I live in a block of ten flats built 18 years ago. We have had a formal fire risk assessment and one of the findings is that the hinges on all the fire doors should be replacedwith upgraded hinges. When did this legislation come into effect and is it a recommendation rather than a requirement? David Bowen The importance of a hinge as an essential component of a fire door cannot be understated. Should this component fail, it can prevent a self-closing fire door from being able to close and function correctly. Any recommendations for replacing hinges on fire doors must therefore be acted upon if this has derived from a formal risk assessment. The two pieces of relevant English legislation are:

● The Regulatory Reform (Fire Safety) Order (2005) relates to all common areas of the flats and flat entrance doors. In this the “responsible person” for the building must carry out a fire-risk assessment and make sure that they keep up all fire precautions and maintenance routines. Within this, it could be considered that a hinge that is showing signs of wear and tear must be replaced if negatively affecting the performance of the fire door. ● The Building Regulations Part B: (Fire Safety) applies to all flat doors including internal flat doors. The Building Regulation B1 states that “The building shall be designed and constructed so that there are . . . appropriate means of escape in case of fire from the building, to a place of safety outside the building, capable of being safely and effectively used at all material times.” A fire door with hinges that need replacing can have a negative impact on the means of escape in a building — this being the case then recommendations to replace the hinges must be acted upon. Do note that a replacement hinge for a fire door should have appropriate fire-test evidence and must be CE marked where it falls within scope of BS EN 1935, the British and European standard for single-axis hinges. Douglas Masterson, technical manager, Guild of Architectural Ironmongers My freeholder wants to charge me for improvements but won’t respond to my queries I own a one-bedroomflat in a converted building in central London. On July 14 the freeholder issued a section 20 notice for maintenance to communal areas and “emergency safety electrical works”. One Zoommeeting was organised, which I was not able to attend. No minutes were issued and no other dates were offered. There are eight leaseholders. The work planned totalled £17,000 forme as a leaseholder of a one-bed flat, more for owners of larger flats. The flat is worth £380,000 (so the work is almost 5 per cent of the value of the flat). InAugust I queried the works planned. They were supposed to be emergency work for safety reasons, but includedmoving a bulkhead andmeters out of the basement property owned by the freeholder. I bought my flat in 2016 and the meters and bulkhead have been there without issue until now. I repeatedly asked for evidence of the safety need to move meters and the bulkhead. This has not been provided and no opportunity has been offered for the leaseholders to meet and discuss this. I have requested a meeting inwriting 15 times. The freeholder’s property is at present commercial and presumably moving the meters and bulkheadwould allowconversion to residential and potentially an increase in value for the freeholder. I contested because I believe the work is being done solely for the convenience of the freeholder. They eventually emailed all leaseholders to say that moving the bulkheadwould not go ahead, but all otherwork would as planned. Four leaseholders (50 per cent) disagree with the work planned. The scope of work significantly differs fromthe original section 20 notice and still the freeholder is refusing to allowa meeting to discuss the cost of works planned. The freeholder has declined to reissue a section 20 clarifying exactly what they intend to do. What should I do next? Anna Assuming your lease makes you liable, the consultation procedure must be followed correctly. First, freeholders are required to serve a notice of intention (describing the proposed works) and a statement of estimates (detailing the costs). Lessees have 30 days to make any comments or contractor nominations. Second, the freeholder must obtain at least two estimates for the proposed works. One must be from an unconnected contractor and, if leaseholders nominated a different contractor, the freeholder must consider one from them. Third, the freeholder should supply a notice explaining its reasons for awarding the contract and respond to leaseholder observations within 21 days of entering into the contract. If your response to the notice of intention was in writing before August 13, 2021, your freeholder must consider this. Your freeholder is not obliged to accommodate your concerns, or, unfortunately, to meet you. However, it appears that your freeholder has not issued a statement of estimates. If so, you can apply to the First-tier Tribunal (FTT) so that the maximum amount recoverable from each lessee would be capped at £250 for qualifying works. Freeholders must pay any remaining balance without putting it through the service charge. The FTT can dispense with consultation requirements if deemed reasonable, and will consider any prejudice suffered by leaseholders by the freeholder’s failure to comply when doing so. Exemptions can be granted subject to imposed conditions, such as the freeholder paying the costs of expert advice for the tenants on the necessity of the landlord’s proposed works. The notice needs to provide “sufficient details of proposed works”; if the work to be carried out significantly differs in scope to that detailed in the notice, your landlord may need to re-issue it. From your query it doesn’t seem that the new works are materially different or more extensive to the previously proposed works. Costs recovered by your freeholder must have been reasonably incurred. You might challenge this on the grounds that moving the meters is unnecessary and/or the cost is excessive. An application can be made to the FTT to adjudicate if an agreement cannot be reached. Daniel Stern, partner, SlaterHeelis Readers’ clinic

Our neighbour locks her cat out of her house. Now it comes into ours Our neighbour’s cat is always in our garden and house. It steals our cats’ food, uses their litter trays andmakes a mess. In summerwe have to keepwindows and doors closed. The neighbour nowjokes we have three cats. Help! Igor If your cat is chipped (it should be), get a microchipped cat flap that will only open for your cats. Nick Hunt Cat Mate, £50, only allows cats that are chipped and registered through the flap. Jim, Blackskull If your cats are chipped, you can get feeders that will only open for your cat. The other cat might then look elsewhere. Sue Miller This is neglect. Contact Cats Protection or the RSPCA who will rehome it. Karen Sorflaten To stop your neighbour’s cat entering through the open window, install a pet-proof mesh. Available in a DIY kit or get a joiner to fit. Ask your neighbour to pay for both. Yasmine Hasan Your neighbour is mistreating her cat if it’s an “indoor cat” that is never allowed indoors, as opposed to a “barn cat”. Contact a local cat rescue, have it checked for a microchip and if it isn’t chipped, quietly hand it over for rehoming. If it is chipped, report her for cruelty and neglect. Maggie Fraser, Cornwall It is against the law not to provide appropriate shelter. Try talking to the owner to see if she wants to rehome the cat. If nothing changes, get in touch with the RSPCA. Josephine Irani, Oxfordshire Igor should ask her to leave food available for the cat. If this is not done, he should contact the RSPCA. That cat needs a loving home. Marilyn Pyke, Cheshire Contact local cat charities. Cats come from hot, arid climates and hate the cold and wet weather. This is cruel and neglectful behaviour. Claire Portelli Let this cat be part of your family — you have two cats, surely a third won’t hurt. Maybe your neighbour could contribute to food/litter tray costs. Clair Melia We have a SureFlap battery-operated cat flap — it works on your cat’s microchip and only allows your own cat in (up to 32 cats can be registered!). KJ Oxborough Future question Our built-in wooden wardrobe backs onto an interior wall. I air it often, but it still smells stale. I’ve checked for mice, used lavender and left it open for days. Any tips to keep it smelling fresh? Reader tip of the week To save on washing bed linen: have a top sheet between you and the duvet cover; once a week, swap the top sheet for the bottom one. Wash the bottom one. Geraldine Blake, Worthing Send tips and questions to [email protected] [email protected] . Advice given without responsibility Related Images

Publisher: News UK & Ireland Ltd Published Date: 06 Feb 2022 01:01:00 Article Id: 80033949 Version: 1 Word Count: 1957 Character Count: 9093 GETTY IMAGES

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