Reasonable use of garage?
Discussion
p1stonhead said:
Because he is a prick
Are you inferring that I am a prick or that the bully with the lawyers letter is a prick? Because it would be a rather sweeping judgement to make about a person based on one post, which I believe would also make you a bit of a prick.As to why? Because I'm sure he'd realise that a live and let live attitude or even some conversation would have resulted in a far more harmonious living environment rather than immediately producing a lawyers letter and threatening action in a bullying manor.
R8Steve said:
The way i see it is the neighbour has also adopted a me, me, me attitude in instructing a solicitor to tell the OP to stop doing what he is doing permanently, no compromise, no discussion.
As has been said before though - he might be taking the view that someone who would operate a lathe under his bedroom til late in the evening might not be the sort of person who is likely to engage in civil discussion. I agree that it's a bit of a heavy-handed approach, but I also think it's pretty unambiguous what a moral and considerate person ought to do with a garage under someone's house.Ahhh good old PH "polarising the debate matters".
I don't think the OP took a me, me, me fk you attitude - just didn't really think it would be a problem. Underestimated the effect upstairs, didn't know the neighbour was on shifts, made an error of judgement in not chatting first.
The neighbour fully in the right daftly went to lawyers first, probably because a whole series of renting neighbours didn't know about the only use the garage for cars rule and many of them didn't care.
Neither super big deals and neither showing a breakdown in society (not that it's not IYSWIM).
Bert
I don't think the OP took a me, me, me fk you attitude - just didn't really think it would be a problem. Underestimated the effect upstairs, didn't know the neighbour was on shifts, made an error of judgement in not chatting first.
The neighbour fully in the right daftly went to lawyers first, probably because a whole series of renting neighbours didn't know about the only use the garage for cars rule and many of them didn't care.
Neither super big deals and neither showing a breakdown in society (not that it's not IYSWIM).
Bert
williamp said:
Why didnt the OP speak to thd neighbour first? In a sort of I want to this, please let me know if it disturbs you so I an accommodate you...
Instead of the its my garage, dont care about you etc etc we hear so much of these days.
I really didn't read the OP like that.Instead of the its my garage, dont care about you etc etc we hear so much of these days.
Probably a little naive on his part not to realise it may not go down well, but as I said above it's a bit messed up that rather than sticking his head around the corner and saying "Hello I'm your neighbour" the first he hears of it is a solicitors letter.
I don't see the 'shift' element here much of a factor. If the OP was busy doing what he was during the day, then he might have expected it not to be a problem. You could presume most people would be at work or expect a bit of noise during the day.
The OP was using it in the evenings up to 9pm. You wouldn't have to think about anyone's shifts, just the fact that most people would be home.
The OP was using it in the evenings up to 9pm. You wouldn't have to think about anyone's shifts, just the fact that most people would be home.
Ok, so another update.
Firstly I am not using the garage for anything other than storage at the moment. I have only opened the door twice since this whole thing blew up and am still trying to get my landlord to put a shed in the garden.
To answer some of the points raised, I didn't ask if I was disturbing anyone as it dosent make much noise, as I said I can hold a conversation whilst it is running and all of my other neighbour's have chatted to me while I have been turning so it obviously wasn't a problem to them. Also 2100hrs was the latest time I turned to and not often as I normally cook my tea about 1930hrs so am back inside about then.
My landlord has written back to me stating that the power was installed with the written permission of the owners before he bought the house and about 5 years before MrX bought the flat above. His lawyers have a copy of the letter as it was part of the paperwork handed over when he bought the house. His lawyers position is that the power is fine and if Mrx didn't like it then he shouldn't have bought the flat. The fact that Mrx's lawyers admit Mrx never read the lease agreement, as he didn't know he was entitled to some money for the insurance, means that he didn't undertake due diligence and thus cannot complain about the power. Leaving that out they believe that his insistence that I cannot make any noise at anytime is unreasonable and should be challenged. I have simply asked if I can have a shed in the back garden.
So I have been away for the beginning of the week and returned about 2200hrs last night. Tonight Mrx has handed me another letter stating that I "willfully and unreasonably unpacked my car last night after 10 pm" and "must agree never to use the garage in any way that disturbs Mrx as he works shifts" otherwise Mrx will look to revoke the lease! Now all I did was unpack the car, it's gone past funny and starting to make me feel like declaring war and letting the solicitors have a field day!
Firstly I am not using the garage for anything other than storage at the moment. I have only opened the door twice since this whole thing blew up and am still trying to get my landlord to put a shed in the garden.
To answer some of the points raised, I didn't ask if I was disturbing anyone as it dosent make much noise, as I said I can hold a conversation whilst it is running and all of my other neighbour's have chatted to me while I have been turning so it obviously wasn't a problem to them. Also 2100hrs was the latest time I turned to and not often as I normally cook my tea about 1930hrs so am back inside about then.
My landlord has written back to me stating that the power was installed with the written permission of the owners before he bought the house and about 5 years before MrX bought the flat above. His lawyers have a copy of the letter as it was part of the paperwork handed over when he bought the house. His lawyers position is that the power is fine and if Mrx didn't like it then he shouldn't have bought the flat. The fact that Mrx's lawyers admit Mrx never read the lease agreement, as he didn't know he was entitled to some money for the insurance, means that he didn't undertake due diligence and thus cannot complain about the power. Leaving that out they believe that his insistence that I cannot make any noise at anytime is unreasonable and should be challenged. I have simply asked if I can have a shed in the back garden.
So I have been away for the beginning of the week and returned about 2200hrs last night. Tonight Mrx has handed me another letter stating that I "willfully and unreasonably unpacked my car last night after 10 pm" and "must agree never to use the garage in any way that disturbs Mrx as he works shifts" otherwise Mrx will look to revoke the lease! Now all I did was unpack the car, it's gone past funny and starting to make me feel like declaring war and letting the solicitors have a field day!
Jonleeper said:
Ok, so another update.
So I have been away for the beginning of the week and returned about 2200hrs last night. Tonight Mrx has handed me another letter stating that I "willfully and unreasonably unpacked my car last night after 10 pm" and "must agree never to use the garage in any way that disturbs Mrx as he works shifts" otherwise Mrx will look to revoke the lease! Now all I did was unpack the car, it's gone past funny and starting to make me feel like declaring war and letting the solicitors have a field day!
So it was all ok until this point. I think you should ignore all the legal stuff and just carry on with your life. They are clearly on another planet. Perhaps ask what other way there is to unpack a car other than wilfully!So I have been away for the beginning of the week and returned about 2200hrs last night. Tonight Mrx has handed me another letter stating that I "willfully and unreasonably unpacked my car last night after 10 pm" and "must agree never to use the garage in any way that disturbs Mrx as he works shifts" otherwise Mrx will look to revoke the lease! Now all I did was unpack the car, it's gone past funny and starting to make me feel like declaring war and letting the solicitors have a field day!
Bert
Sump said:
Sorry, just to confirm, he is now complaining about your unpacking your car at 10pm?
fk that st, go to war.
Apparently so. I opened the garage, turned on the light and put 3 logs and a couple of boxes in, turned off the light and closed the door. I did but my bags, a suit and some paperwork in my house, oh and my work laptop. Not sure how that was unreasonable but, hey, I'm the idiot who thought that by not saying anything he did t have a problem. Oh well I'm not sure how the landlords solicitors will react but I hope I get a shed soon!fk that st, go to war.
Jonleeper said:
Ok, so another update.
Firstly I am not using the garage for anything other than storage at the moment. I have only opened the door twice since this whole thing blew up and am still trying to get my landlord to put a shed in the garden.
To answer some of the points raised, I didn't ask if I was disturbing anyone as it dosent make much noise, as I said I can hold a conversation whilst it is running and all of my other neighbour's have chatted to me while I have been turning so it obviously wasn't a problem to them. Also 2100hrs was the latest time I turned to and not often as I normally cook my tea about 1930hrs so am back inside about then.
My landlord has written back to me stating that the power was installed with the written permission of the owners before he bought the house and about 5 years before MrX bought the flat above. His lawyers have a copy of the letter as it was part of the paperwork handed over when he bought the house. His lawyers position is that the power is fine and if Mrx didn't like it then he shouldn't have bought the flat. The fact that Mrx's lawyers admit Mrx never read the lease agreement, as he didn't know he was entitled to some money for the insurance, means that he didn't undertake due diligence and thus cannot complain about the power. Leaving that out they believe that his insistence that I cannot make any noise at anytime is unreasonable and should be challenged. I have simply asked if I can have a shed in the back garden.
So I have been away for the beginning of the week and returned about 2200hrs last night. Tonight Mrx has handed me another letter stating that I "willfully and unreasonably unpacked my car last night after 10 pm" and "must agree never to use the garage in any way that disturbs Mrx as he works shifts" otherwise Mrx will look to revoke the lease! Now all I did was unpack the car, it's gone past funny and starting to make me feel like declaring war and letting the solicitors have a field day!
So he manages to get letters drafted up within 24 hours? Firstly I am not using the garage for anything other than storage at the moment. I have only opened the door twice since this whole thing blew up and am still trying to get my landlord to put a shed in the garden.
To answer some of the points raised, I didn't ask if I was disturbing anyone as it dosent make much noise, as I said I can hold a conversation whilst it is running and all of my other neighbour's have chatted to me while I have been turning so it obviously wasn't a problem to them. Also 2100hrs was the latest time I turned to and not often as I normally cook my tea about 1930hrs so am back inside about then.
My landlord has written back to me stating that the power was installed with the written permission of the owners before he bought the house and about 5 years before MrX bought the flat above. His lawyers have a copy of the letter as it was part of the paperwork handed over when he bought the house. His lawyers position is that the power is fine and if Mrx didn't like it then he shouldn't have bought the flat. The fact that Mrx's lawyers admit Mrx never read the lease agreement, as he didn't know he was entitled to some money for the insurance, means that he didn't undertake due diligence and thus cannot complain about the power. Leaving that out they believe that his insistence that I cannot make any noise at anytime is unreasonable and should be challenged. I have simply asked if I can have a shed in the back garden.
So I have been away for the beginning of the week and returned about 2200hrs last night. Tonight Mrx has handed me another letter stating that I "willfully and unreasonably unpacked my car last night after 10 pm" and "must agree never to use the garage in any way that disturbs Mrx as he works shifts" otherwise Mrx will look to revoke the lease! Now all I did was unpack the car, it's gone past funny and starting to make me feel like declaring war and letting the solicitors have a field day!
He isn't using a solicitor. No solicitor would draft a letter than quickly, and I doubt any would draft such a retarded letter anyway.
Let him write as many daft letters as he wants. Just act reasonably, but laugh at him every time he hands you a letter.
Sounds like typical shift worker bollucks. Does he complain about children playing? Or the bus stop being too close to his house?
You've stopped the wood turning which was entirely reasonable, anything else and is well within normal use of that garage.
It's worth pointing out that this isn't a rare setup,just about every new housing development has this kind of property.
You've stopped the wood turning which was entirely reasonable, anything else and is well within normal use of that garage.
It's worth pointing out that this isn't a rare setup,just about every new housing development has this kind of property.
StuTheGrouch said:
So he manages to get letters drafted up within 24 hours?
He isn't using a solicitor. No solicitor would draft a letter than quickly, and I doubt any would draft such a retarded letter anyway.
Let him write as many daft letters as he wants. Just act reasonably, but laugh at him every time he hands you a letter.
his solicitors would normally post it to you, not give it to their client to give to you - so thats a bit strange although not impossible.He isn't using a solicitor. No solicitor would draft a letter than quickly, and I doubt any would draft such a retarded letter anyway.
Let him write as many daft letters as he wants. Just act reasonably, but laugh at him every time he hands you a letter.
Agree he is being a tit. easy to stack up his legal costs if you want to go down that route. Perhaps telephone his sol to speak with the writer of the letter to see if genuine, they may not talk with you but they might. follow up with a letter and emails, put your side dont ignore.
Jonleeper said:
So I have been away for the beginning of the week and returned about 2200hrs last night. Tonight Mrx has handed me another letter stating that I "willfully and unreasonably unpacked my car last night after 10 pm" and "must agree never to use the garage in any way that disturbs Mrx as he works shifts" otherwise Mrx will look to revoke the lease! Now all I did was unpack the car, it's gone past funny and starting to make me feel like declaring war and letting the solicitors have a field day!
That's actually hilarious. How on earth do you begin to negotiate with somebody like that?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff