peterw Posted November 20, 2010 Share Posted November 20, 2010 When I was expected to know the answer to all sorts of legal problems there was an antiquated law that said if anything strayed onto your land, basically an animal, if it remained for three weeks it was yours — no argument. Is this law still active? If it is, I want to use it to stop a guy who pays me rent for a double windowed, main road shop, from ‘straying’ into a ground floor room for which he pays NO rent, and filling it floor to ceiling with cardboard boxes. I’ve sent him a fire risk assessment and he’s sent me a letter to say he’ll move his boxes within 14 days. His 14 days are up today. There are no signs of him moving anything so if I can use that very old law I’ll have it all shifted after another eight days. Some of the boxes are full of items that he sells, but I really don’t care. He’s been a problem since the day I let him have the shop but I promised him a specified length of tenancy and I always keep promises. There is nothing signed, but that’s me. A promise is a promise, but I’ll not let him walk all over me. I like working with quirky laws. I understand that the first cruelty case brought by the N.S.P.C.C. was won through an association with the R.S.P.C.A. which gave evidence to say that while human beings were termed as such, they were in fact animals, so the child victim was in fact an animal that had suffered cruelty. Link to comment Share on other sites More sharing options...
spooky3 Posted November 20, 2010 Share Posted November 20, 2010 Did you tell him he could put the boxes there? (The strayed room) Link to comment Share on other sites More sharing options...
peterw Posted November 21, 2010 Author Share Posted November 21, 2010 No I did not! For the past two years I have been telling him NOT to put them there, or anywhere else other than the local tip. The fire brigade suggested — demanded, actually — that as the property owner I was legally obliged to do a fire risk assessment. They also “suggested” to him that he too was legally obliged to do the same. That was yonks ago, but he just doesn’t bother. Link to comment Share on other sites More sharing options...
spooky3 Posted November 21, 2010 Share Posted November 21, 2010 Well, i'm no legal expert at all. But in a similar situation a few years ago, the only difference was I had said that they could just temporarily store stuff, it turned out I hadn't a leg to stand on. Basically i'd have to write and send 3 recorded delivery warning of further action notices, before moving on, even then I wouldn't be allowed to just throw the stuff out. Q. Does the occupier require access to / through the room in question as say a legal fire escape? If not, put a lock on the door and lock it! You haven't given them permission to use the space, it's your space, you can do as you please. Otherwise i'd say ring Citizens Advice to check. Usually on questions like this there are some staff whom I guess are from there usually answer these types of question fairly quickly. Maybe it's just because it's the weekend? Maybe lead to some help... http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/information_for_landlords.htm http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/common_problems_with_renting.htm You might be able to do a better search... http://www.adviceguide.org.uk/index/search.htm?pr=adviceguide_index&query=landlord&Search.x=0&Search.y=0 http://www.adviceguide.org.uk/index/search.htm?pr=adviceguide_index&query=property&Search.x=0&Search.y=0 Link to comment Share on other sites More sharing options...
peterw Posted November 21, 2010 Author Share Posted November 21, 2010 Thanks Spooky, much obliged. I have thought of another way, but it’s a bit expensive. The room is quite large, 20ft.square. I could give him written permission to use the room as an access to a utility room I‘m about to have built at the rear, then build a ‘room’ inside the large room, leaving him just enough of a walkway to the new toilet etc. On the other hand I could have him out altogether, but he pays a fair rent, regularly, for the ground floor retail area, and apart from a promise being a promise I do not intend to cut off my nose to spite my face. Thanks again for your help. Link to comment Share on other sites More sharing options...
spooky3 Posted November 21, 2010 Share Posted November 21, 2010 If access is an issue then a corridor does seem a good idea. Ask him if he'd then want to rent it also, if so you'll put in a sprinkler system (or whatever is required to bring up to regs.), otherwise you'll being offering it out to rent as storage to others. No, in this economic climate you don't want to throw him out. I want to see how quick he moves the stuff when you tell him the builders are coming and if he doesn't shift it, they will... Link to comment Share on other sites More sharing options...
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