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, 2 replies, latest was 15 years ago)

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)