Reasonable use of garage?

Author
Discussion

duckwhistle

276 posts

151 months

Saturday 28th November 2015
quotequote all
The OP should tread carefully. This could escalate. Consider that the local planning authority could get involved. Have you proper insurance for this activity should a fire occur?. The HSE could be called in as fine wood dust is both a fire and health hazard. Your neighbour has only to complain that he can't breath properly due to dust. Can you prove his assertions wrong? What are you doing to contain this risk ? You could end up in court on this alone.
Your neighbour could take a court injunction to stop the activity and enforce the lease at your cost,then win as he must, sue you for the cost of a complete clean of his house and the garages. If nasty he can also inform the Tax folk of your new business, it's not a business but proving that will not be a pleasant or cheap experience.
You mention that you are a Military man, might this mess result in an interview without tea and biccies with your CO. As the Military rent this on your behalf a tactical retreat as is being offered may be sensible to avoid the inevitable ensuing $h1tstorm.

R8Steve

4,150 posts

175 months

Saturday 28th November 2015
quotequote all
duckwhistle said:
The OP should tread carefully. This could escalate. Consider that the local planning authority could get involved. Have you proper insurance for this activity should a fire occur?. The HSE could be called in as fine wood dust is both a fire and health hazard. Your neighbour has only to complain that he can't breath properly due to dust. Can you prove his assertions wrong? What are you doing to contain this risk ? You could end up in court on this alone.
Your neighbour could take a court injunction to stop the activity and enforce the lease at your cost,then win as he must, sue you for the cost of a complete clean of his house and the garages. If nasty he can also inform the Tax folk of your new business, it's not a business but proving that will not be a pleasant or cheap experience.
You mention that you are a Military man, might this mess result in an interview without tea and biccies with your CO. As the Military rent this on your behalf a tactical retreat as is being offered may be sensible to avoid the inevitable ensuing $h1tstorm.
Surely you're not being serious?

aw51 121565

4,771 posts

233 months

Saturday 28th November 2015
quotequote all
Jonleeper said:
... I have previously only spoken to the owner of the house over the garage, to be known as Mr x, once in the last 2 years I've lived there and then only to say “morning”.

...

Last night he approached me when I got back from work and told me that his solicitors had written to the title deed holder of my house but it was for me and gave me a copy.

... I have deliberately left in the grammatical errors and inconsistent language, ...


Edited by Jonleeper on Thursday 26th November 11:22
Have you checked that the 'solicitor' even exists wink ? And if they do, do they specialise in this kind of matter?

There are quite a few typos in the 'solicitor letter'; are they all original or are a few of them down to you using a smartphone?

My spidey sense tells me that something is fishy (around Mr X allegedly going legal) here; something along the lines of that he has looked at his own garage deeds and assumed they are the same as your garage deeds, and 'someone' has written a 'solicitor letter' (a copy of which he has given to you) smile

Not that I'm a cynic or anything. But it is a matter for your landlord to deal with, I will suggest, so be advised by them rather than going postal at Mr X (but avoid using your lathe and grinder for now).

ging84

8,897 posts

146 months

Saturday 28th November 2015
quotequote all
It's possible we don't know the full story, the OP could be the last in a long line of tenant doing noisy things in that garage and the owner may have made several complaints to the landlord previously which would make him seem far less of a cock socket for going straight to a lawyer this time.


eccles

13,733 posts

222 months

Sunday 29th November 2015
quotequote all
Playing devils advocate, it might have been polite when you purchased the lathe to let the neighbour know your intentions. Neighbour would have been in the loop, and would have the opportunity to let the OP know if he worked any funny hours. I think I'd be definitely be a bit worried about the increased fire risk if I was the one living above it.

Having worked shifts and lived in flats in the past, I know there's a whole world of difference in short term noise (someone mowing the lawn, getting car in and out of a garage), to several hours of constant noise.

Mr GrimNasty

8,172 posts

170 months

Sunday 29th November 2015
quotequote all
It really doesn't matter. The OP is likely in breach of covenants in the lease or deeds, and if not, he is clearly creating a statutory or private nuisance.

The garage is clearly intended for storage and car parking, and no judge would consider activities that interfere with the adjoining owner's property rights reasonable.

elanfan

5,520 posts

227 months

Monday 30th November 2015
quotequote all
The neighbour wil be causing himself issues in that if he tries to sell he will have to declare a dispute with you whereas I presume you'll just move on eventually!

anonymous-user

54 months

Monday 30th November 2015
quotequote all
duckwhistle said:
The OP should tread carefully. This could escalate. Consider that the local planning authority could get involved. Have you proper insurance for this activity should a fire occur?. The HSE could be called in as fine wood dust is both a fire and health hazard. Your neighbour has only to complain that he can't breath properly due to dust. Can you prove his assertions wrong? What are you doing to contain this risk ? You could end up in court on this alone.
Your neighbour could take a court injunction to stop the activity and enforce the lease at your cost,then win as he must, sue you for the cost of a complete clean of his house and the garages. If nasty he can also inform the Tax folk of your new business, it's not a business but proving that will not be a pleasant or cheap experience.
You mention that you are a Military man, might this mess result in an interview without tea and biccies with your CO. As the Military rent this on your behalf a tactical retreat as is being offered may be sensible to avoid the inevitable ensuing $h1tstorm.
I bet you are a fun person.

Vaud

50,469 posts

155 months

Monday 30th November 2015
quotequote all
Trexthedinosaur said:
duckwhistle said:
The OP should tread carefully. This could escalate. Consider that the local planning authority could get involved. Have you proper insurance for this activity should a fire occur?. The HSE could be called in as fine wood dust is both a fire and health hazard. Your neighbour has only to complain that he can't breath properly due to dust. Can you prove his assertions wrong? What are you doing to contain this risk ? You could end up in court on this alone.
Your neighbour could take a court injunction to stop the activity and enforce the lease at your cost,then win as he must, sue you for the cost of a complete clean of his house and the garages. If nasty he can also inform the Tax folk of your new business, it's not a business but proving that will not be a pleasant or cheap experience.
You mention that you are a Military man, might this mess result in an interview without tea and biccies with your CO. As the Military rent this on your behalf a tactical retreat as is being offered may be sensible to avoid the inevitable ensuing $h1tstorm.
I bet you are a fun person.
Re-read. I don't think duck whistle was advocating these statements. To me it read as a worst case set of scenarios if the OP continues.

anonymous-user

54 months

Monday 30th November 2015
quotequote all
Vaud said:
Trexthedinosaur said:
duckwhistle said:
The OP should tread carefully. This could escalate. Consider that the local planning authority could get involved. Have you proper insurance for this activity should a fire occur?. The HSE could be called in as fine wood dust is both a fire and health hazard. Your neighbour has only to complain that he can't breath properly due to dust. Can you prove his assertions wrong? What are you doing to contain this risk ? You could end up in court on this alone.
Your neighbour could take a court injunction to stop the activity and enforce the lease at your cost,then win as he must, sue you for the cost of a complete clean of his house and the garages. If nasty he can also inform the Tax folk of your new business, it's not a business but proving that will not be a pleasant or cheap experience.
You mention that you are a Military man, might this mess result in an interview without tea and biccies with your CO. As the Military rent this on your behalf a tactical retreat as is being offered may be sensible to avoid the inevitable ensuing $h1tstorm.
I bet you are a fun person.
Re-read. I don't think duck whistle was advocating these statements. To me it read as a worst case set of scenarios if the OP continues.
Really?

I store paint in my house, bleach and aerosols too, shall I perform a risk assessment to ensure there is no danger of an aerosol exploding and destroying the city centre, do I need to check my home insurance for an inadvertent terrorist act?

'.. inform the tax folk .. ', so painting my house, mowing my lawn, changing my own air filter* ... Am I now a extremely talented decorating gardener mechanic? I bought a new lawn mower and as such I now need to inform the tax man? Or am I just carrying out some DIY, home improvements and a hobby?

I am being facetious but come on, the chap is using a machine in his garage (rightly or wrongly), it hardly warrants the above level of impending doom.

  • All very non-PH of course.

Sump

5,484 posts

167 months

Monday 30th November 2015
quotequote all
With the neighbour on this.

rb5er

11,657 posts

172 months

Monday 30th November 2015
quotequote all
Both are in the wrong but a more PH answer: Garages are for cars!!

Kateg28

1,353 posts

163 months

Tuesday 1st December 2015
quotequote all
My son sometimes uses the garage for Rock Band Practice. This includes drums, guitars and amps.

I just went and spoke to the adjoining neighbours and said we would like to do this and what was reasonable in terms of timings. We decided that he could play and do stuff until 9p.m. as a start and we would see how it went with room to negotiate after a settling in period.

As it happens this remained as my neighbour said he never heard anything and I didn't tell my son, just that he had to keep to a 9pm curfew. Now there are new neighbours with a new baby and it is difficult as the baby could be asleep at any hour but we just stuck to the timings and turned it down until the baby is older.

We also spoke to the old lady opposite so she didn't fret about a load of teenage boys coming an going. She was surprised at our courtesy which I found a bit sad.

task

418 posts

171 months

Tuesday 1st December 2015
quotequote all
Comply with letter
Sell Lathe
Buy a car with a loud exhaust
Start car every night and allow to idle/rev for 10/15 mins at various times
Claim the battery goes flat during the day and as there is no longer any electric to run a battery charger this is your only way of keeping it charged

Of course, I am being a total ****, but It's something I would consider in this situation.


Vaud

50,469 posts

155 months

Tuesday 1st December 2015
quotequote all
task said:
Of course, I am being a total ****, but It's something I would consider in this situation.
Why?

xjay1337

15,966 posts

118 months

Tuesday 1st December 2015
quotequote all
R8Steve said:
Many on here will disagree with your approach here but i see it as he's made his bed so now has to lie in it. He should have done the right thing and came and talked to you.
I agree with this.

  • So long as the OP is rock solid, that there is no exclusion to electricity in the garage and that it was fitted prior to you moving in, you have permission from the *old* (?) homeowner.
Just be very careful as otherwise you could be jumping out of the frying pan into the fire.


p1stonhead

25,541 posts

167 months

Tuesday 1st December 2015
quotequote all
Vaud said:
task said:
Of course, I am being a total ****, but It's something I would consider in this situation.
Why?
Because he is a prick

dxg

8,197 posts

260 months

Tuesday 1st December 2015
quotequote all
I used to live through the party wall from a guy that turned wood.

It was seriously annoying. It wasn't much the noise, but the vibration.

But what could I do? It was his hobby being done in a shed attached to the back of his house.

I wouldn't have minded so much but all he seemed to do was literally turn wood. Nothing ever seemed to emerge from the process other than filled time...

Durzel

12,264 posts

168 months

Tuesday 1st December 2015
quotequote all
You could be an arse.

There's plenty of arses in the world, so your behaviour won't be particularly unique or - nowadays - unusual.

Or you could be a decent person and realise that a garage (originally) without power, under someones living accommodation, isn't the place to be running a lathe til the late evening, particularly after they've stated that they do shift work so sleep at irregular hours.

Hell, I'd be asking neighbours if I was causing them any grief if I was running that st in a detached house, let alone literally underneath someones bed.

I realise this is probably a naive and archaic attitude to have in todays "me, me, me" world, but *shrug*

R8Steve

4,150 posts

175 months

Tuesday 1st December 2015
quotequote all
Durzel said:
You could be an arse.

There's plenty of arses in the world, so your behaviour won't be particularly unique or - nowadays - unusual.

Or you could be a decent person and realise that a garage (originally) without power, under someones living accommodation, isn't the place to be running a lathe til the late evening, particularly after they've stated that they do shift work so sleep at irregular hours.

Hell, I'd be asking neighbours if I was causing them any grief if I was running that st in a detached house, let alone literally underneath someones bed.

I realise this is probably a naive and archaic attitude to have in todays "me, me, me" world, but *shrug*
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.