Young Mum And Tiny Baby Homeless in Builders' Fiasco
(Except I ain't that young and the baby weighs a stone now.)

Long story short: I own a maisonette above a basement which is a shop store. Shop store have ripped out their ceiling to put in soundproofing. I have thick building and cement dust coating the inside of my house, all over the baby's buggy, car seat, soft toys, nappies, my soft furnishings, everything... Builders say "oh we didn't realise that would happen". They call a cleaner who says it will take a team of 5 people the whole day to clean. Builder are doing more dusty work tomorrow so no point cleaning til Wednesday. Their surveyor says he can't authorise expenses to put us up as he has to contact the shop owners first. Claims this is not a party wall dispute. Catface, four month old catfaceceilidhbaby and I are out on the street with only the clothes we stand in. Friends have given us a bed for the night, other friends have donated nappies and baby clothes. I have no idea how bad the damage is or how wrecked the wedding dress that I am due to wear in less than 3 weeks is.

How much has today sucked for you?
( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 22:43, 87 replies, latest was 15 years ago)

who is the landlord?
i am assuming you have a long leasehold interest and the same landlord lets the shop. if it's not set up like this, how is it set up?

if i am right, ring your landlord tomorrow, tell him you'll sue the arse off him if he doesn't get the shop tenant to put you up until the works are done, or put you up himself and get the tenant to reimburse him. you have no direct contract with the tenant, whereas you have covenants with your landlord.......
( rachelswipe with a fork, Mon 22 Nov 2010, 22:45, Reply)

Yep, same freeholder for my house and the shop.
Good plan.
( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 22:49, Reply)

FIGHT THE POWER!

(Bazongaloid, Mon 22 Nov 2010, 22:51, Reply)

yup
tell him that the tenant's actions constitute derogation from grant and a breach of your right to quiet enjoyment, that you assume the lease to the shop tenant contains covenants not to interfere with the structure of the building and the maisonette above, and that you can send the bill for your accommodation to him. see what he says to that.

also check your household insurance, they might cough up for something like this? (they will then go after the shop tenant's insurer to reclaim it in the long run.)
( rachelswipe with a fork, Mon 22 Nov 2010, 23:01, Reply)

It's so awesome having free legal advice
and the chance to imagine someone with big boobs while you're reading it.
(Bazongaloid, Mon 22 Nov 2010, 23:05, Reply)

you totally prefer the boobs to the law, don't you?

( rachelswipe with a fork, Mon 22 Nov 2010, 23:06, Reply)

The law gets me so hard sometime I do that precum thing like Spakka
Boobs just give me a lob on.
(Bazongaloid, Mon 22 Nov 2010, 23:10, Reply)

but... but...
i have both. how does that make you feel, al? is it like a sneeze, only better?
( rachelswipe with a fork, Mon 22 Nov 2010, 23:13, Reply)

I like breasts.

( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 23:07, Reply)

Lucky for you really
what with the recent growth
(Bazongaloid, Mon 22 Nov 2010, 23:09, Reply)

overall very good choice madam
but on this occasion may i suggest that you really do go with the derogation from grant and breach of covenant to allow quiet and peaceable enjoyment?!
( rachelswipe with a fork, Mon 22 Nov 2010, 23:10, Reply)

I'll do this on the moro
Just reading about the Part Wall Act ... fun times.
( Captain V, Mon 22 Nov 2010, 23:10, Reply)

the shop tenant needs to be frightened into coughing up quickly
the landlord is best placed to do this, i think, as you have no direct covenants with the shop. i would start there anyway!

obv i haven't seen your lease or the shop lease etc, but based on the caveat that this is only a quick review, this is the action i would take if you were my clients... you can also get copies of both leases from the land registry website, provided they were granted for more than 7 years (or 21 years if pre-2004)
( rachelswipe with a fork, Mon 22 Nov 2010, 23:12, Reply)

Do most walls like to throw parties?

( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:16, Reply)

I have copy of the lease carefully filed in a blue lever arch file entitled "house stuff"
*swot face*
( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 23:16, Reply)

well done!
it will go:

definitions, demise, tenant covenants, landlord covenants, miscellaneous stuff. the covenants might be in schedules at the back. check the landlord covenants to see if there is anything in there about controlling the tenant of the shop. also check for allowing you quiet use and enjoyment etc. but even if those covenants aren't expressly there, the law implies them into the lease anyway.

god i am so dull!
( rachelswipe with a fork, Mon 22 Nov 2010, 23:19, Reply)

Nah, not dull, I bet there's a website somewhere where men get off on your legal talk -
Oh.
( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 23:21, Reply)

hahahahahahahaa
i like this A LOT
( rachelswipe with a fork, Mon 22 Nov 2010, 23:22, Reply)

www.luscious-law.cor.wow!

( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:22, Reply)

nah
www.b3ta.com
( Amberl was stripey and dominated Europe, Tue 23 Nov 2010, 0:03, Reply)

hahaha
How are you this evening? Did you eat properly this evening?
( JeffTheDogFucker Can you dig it?, Tue 23 Nov 2010, 0:09, Reply)

I had a sandwich earlier
meant not to eat anything more, but got hungry went to Tesco to buy stuff and my card got declined. I know I've got a reasonable amount of money at present so I'm worried about fraud or something
( Amberl was stripey and dominated Europe, Tue 23 Nov 2010, 0:15, Reply)

Have you got stuff in you could cook if you are hungry?

( JeffTheDogFucker Can you dig it?, Tue 23 Nov 2010, 0:17, Reply)

Yeah
might have noodles later. I have money as well in cash, I'm just slightly worried about the card. Also at having to leave my shopping behind.

How are you?
( Amberl was stripey and dominated Europe, Tue 23 Nov 2010, 0:21, Reply)

I'm alright honey.
I'm going to bed very shortly, I'm shattered.

*hopes the suggestion of buying noodles and soup was followed so you'd never starve!*
( JeffTheDogFucker Can you dig it?, Tue 23 Nov 2010, 0:27, Reply)

Sleep well!
And it was excellent advice. I'm going to watch Goal! now, best of all the shit films
( Amberl was stripey and dominated Europe, Tue 23 Nov 2010, 0:29, Reply)

I watched that with a hangover one Sunday afternoon.
Perked me right up, especially when his Dad got to see his son play.
( JeffTheDogFucker Can you dig it?, Tue 23 Nov 2010, 0:32, Reply)

I really like it
I like the second one as well
( Amberl was stripey and dominated Europe, Tue 23 Nov 2010, 0:39, Reply)

I didn't know there was a second film
What's that called?
( JeffTheDogFucker Can you dig it?, Tue 23 Nov 2010, 0:39, Reply)

Goal 2 :)
and Goal 3 I think though I've never seen it
( Amberl was stripey and dominated Europe, Tue 23 Nov 2010, 0:51, Reply)

Thanks for your glorious caveats
Being given a bit of direction from somebody in the know is very, very helpful right now!
( Captain V, Mon 22 Nov 2010, 23:34, Reply)

Pleasure.
I can get to Turbo Island first thing in the morning.
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:40, Reply)

Sorry pet that sucks arse.
Do what wonder woman says and fight like a rabid panther.
( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 22:47, Reply)

it well fucking hasnt
my mam got the all clear and is totally not dying now. which is a bit mint and well worth a bottle of wine ive just cleared.

sorry love. perhaps you can post dog eggs through their letterbox or summat?
( rosalicious i fucking love youve been framed, Mon 22 Nov 2010, 22:48, Reply)

Woo!
Good news.
(Bazongaloid, Mon 22 Nov 2010, 22:50, Reply)

How are you getting on with fallout ?

( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 22:51, Reply)

I've killed Mr House but I've stopped doing the main quests to mop up the side quests
before I piss off the Legion by shafting them in favour of the NCR.

I cleared out Quarry Junction with the aid of a shit load of land mines
(Bazongaloid, Mon 22 Nov 2010, 22:55, Reply)

Make sure you go to that deadwind cave I told you about
but take a lot of mines. Also when you do shaft the legion attack the fort with boone, he goes nuts.
( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 22:57, Reply)

I've lost Boone, I had to send him off to get Cass for one of the missions
but he didn't go back to Novac so I don't know where to get him back.
(Bazongaloid, Mon 22 Nov 2010, 22:59, Reply)

He's dead. Only time they can die is when they are sent off alone.
You can get him back on the pc though surely?
( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 22:59, Reply)

Probably, I'll look into it.

(Bazongaloid, Mon 22 Nov 2010, 23:03, Reply)

Michael Elphick's finest role.
Hi-ho silver.
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:04, Reply)

yesssssssssssssssss!
we ent stopped lol'ing. she said ITS A MIRACLE. and we lol'd and i called her a cunt and she nodded. then we went to starbucks and et cake and drank special christmas coffee
( rosalicious i fucking love youve been framed, Mon 22 Nov 2010, 22:51, Reply)

Top news!

( Boss Keloid Got your mother's maiden name tattooed on my arm, Mon 22 Nov 2010, 22:58, Reply)

i love everyone so much right now

( rosalicious i fucking love youve been framed, Mon 22 Nov 2010, 23:03, Reply)

Me too!
Feel very magnanimous at the world. And drunk. Mustn't forget drunk.
( Boss Keloid Got your mother's maiden name tattooed on my arm, Mon 22 Nov 2010, 23:06, Reply)

i only had the reddies for one bottle
what was YOUR occasion?
( rosalicious i fucking love youve been framed, Mon 22 Nov 2010, 23:08, Reply)

No real occasion
Things going sickeningly well with Miss Beekers so all is right with the world.
( Boss Keloid Got your mother's maiden name tattooed on my arm, Mon 22 Nov 2010, 23:12, Reply)

aww.
gaaaaaaaaaaaaaaaaaaaaaaaaay
( rosalicious i fucking love youve been framed, Mon 22 Nov 2010, 23:17, Reply)

Yeah
I don't care :)
( Boss Keloid Got your mother's maiden name tattooed on my arm, Mon 22 Nov 2010, 23:18, Reply)

Your good news makes me happier
Plus I had pork belly for dinner and a pint of Ginger Hare and I'm totally billing the fuckers
( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 22:51, Reply)

It was great
Up until about 20 minutes ago.

Would quite like a fortnight to go by without something great flipping around to become either massively complicated or shit please :(.
( Tedium Alduce me to interlow myself., Mon 22 Nov 2010, 22:51, Reply)

cut out people
with people comes massive complications and shit
( rosalicious i fucking love youve been framed, Mon 22 Nov 2010, 22:56, Reply)

What shop is it?
I can give the local lunatic fringe a call and ask them to pay him a visit. :)

Otherwise, I could go down to Turbo Island and tell them there is free refils of white cider from the shop for the next two days!

(Don't answer that, revealing where you live on here isn't sensible).
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 22:55, Reply)

I gave Bert my address, he never showed up.

( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 22:57, Reply)

One of the hundreds of independent boutiques that the wonderful Glos Rd has to offer.
Truly we are blessed with such non-megacorporate retail diversity.
( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 22:58, Reply)

I bet I've been in your shop
I used to spend saturday just wandering up and down and browsing.
( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 23:01, Reply)

Me too
I used to live in Horfield - what a fucking dive. The interesting bits of Glos Rd in Bishopston are awesome though.
(berk, Mon 22 Nov 2010, 23:08, Reply)

Gloucester Road is the prize for getting through Horfield.
Although Stan the Man is ace.
( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 23:11, Reply)

But it's handy if you ever fancy buying some olives I suppose?

( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:01, Reply)

Olives are satan's nose pickings.

( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 23:03, Reply)

Satan has tasty bogies
Love olives.
( Boss Keloid Got your mother's maiden name tattooed on my arm, Mon 22 Nov 2010, 23:05, Reply)

Great big green olives with feta and pimento inside.
Mmmmmmm
(Bazongaloid, Mon 22 Nov 2010, 23:06, Reply)

Shit, now I wish I had some of them

( Boss Keloid Got your mother's maiden name tattooed on my arm, Mon 22 Nov 2010, 23:08, Reply)

^ this ^
olives suck. come over here and have some of my white chocolate coi-oh.

well, the offer was good about 20 mins ago.
( rachelswipe with a fork, Mon 22 Nov 2010, 23:17, Reply)

Did you know that if you snap chocolate coins
ALL of the calories fall out?
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:19, Reply)

i'll snap you in a minute

( rachelswipe with a fork, Mon 22 Nov 2010, 23:32, Reply)

I've got brittle bone(r) disease.

( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:36, Reply)

That's awful
Hope it gets sorted and the dress is still viable.

Today hasn't sucked at all really. Ridiculously loved up, my redundancy package will be four times what I was expecting if I stay the distance, and it looks like I'm reading a short story at an open mic literary thing tomorrow; berets are thankfully optional.
( Boss Keloid Got your mother's maiden name tattooed on my arm, Mon 22 Nov 2010, 22:57, Reply)

My day's been great thanks for asking.

(PsychoChomp, Mon 22 Nov 2010, 22:58, Reply)

Have a croissant.

( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 23:08, Reply)

not one of yours, they're covered in dust.

(PsychoChomp, Mon 22 Nov 2010, 23:26, Reply)

Christ that's shit
I'm sure your dress will be alright though - it must be in a wardrobe or have a dust cover or something? Failing that I'm sure it can be cleaned if it needs it.
Face it, Catface will still marry you even if you turn up in jeans!
(berk, Mon 22 Nov 2010, 23:15, Reply)

But it's added stress and expense at an expensive time of year.
But you are probably right berk, it'll all look better in the morning.
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:18, Reply)

It has a duvet cover over it.
It would cost nearly as much as the dress cost to get it clean but it was the last one in stock so I hope it doesn't need it.
( crackhouseceilidhband Fuck off back to Mumsnet, Mon 22 Nov 2010, 23:19, Reply)

If you aren't liable for the cost of getting it clean, then I wouldn't worry too much.
At least not now.
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:21, Reply)

Yeah, this
there isn't anything you can do, plus I'm sure if it's covered it will be fine anyway.
(berk, Mon 22 Nov 2010, 23:27, Reply)

I've got visions of Marjorie Doors eating their place clean.
DUST!
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:39, Reply)

Little Britain?
Don't really watch it...
(berk, Mon 22 Nov 2010, 23:41, Reply)

It was shit, you missed nothing.

( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:46, Reply)

Jeez what a nightmare
local news loves that kind of stuff, bad publicity often makes companies give you stuff!
( The Light in Chains don't touch the Pope's boner, Mon 22 Nov 2010, 23:24, Reply)

And she might get to meet Isobel Webster from Points West.
Oh, yes!
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:26, Reply)

And you can record it
and turn the sound down and pretend they're talking dirty.

You filthy pervert.
( The Light in Chains don't touch the Pope's boner, Mon 22 Nov 2010, 23:29, Reply)

It'll be like when City are away
And I have the match on the radio and Jeff Stelling on the telly on mute.

Only with WANKING!
( JeffTheDogFucker Can you dig it?, Mon 22 Nov 2010, 23:37, Reply)

And tears.
Don't forget the quietly dignified tears.
(porkylips looks better as the sun goes down., Tue 23 Nov 2010, 9:13, Reply)

Nos da folks
I've put Elf on and am gonna sleep well.
( SteveFrench Cardio is for homo's. do you even lift bro?, Mon 22 Nov 2010, 23:31, Reply)

Oh God, I just spotted this thread.
How totally horrible for you.
I hope this gets sorted. It's really not fair that this should happen to you.
( Roota zweeeeeoooooowm, Tue 23 Nov 2010, 10:22, Reply)