Garden assigned to tenancy

Annieuk75

My family and I live in a rented 2 bed bungalow. The kitchen has a door which leads out to a fenced in Garden. This garden isn't assigned to the tenancy, and the landlord is now claiming that it is communal gardens (we live on a site with 52 flats).

They are now re-developing and are building 52 new flats and demolishing everything else, Bungalow included. We have been told we will get a 2 bed flat with communal gardens. We were told by a friends though, that we can push to have the garden assigned to our tenancy. Is that right?

Thanks

withabix

Unlikely.

What sort of Tenancy have you got?

It is almost certainly up to the landlord unless you have some sort of long tenancy contract with no break clauses.

Annieuk75

We have an assured tenancy and have lived here for 10 years.

They are being a nightmare at the moment. We have just been granted a DFG to have a third bedroom and wet room added to our property (which the landlord verbally agreed when we were in application stages).

They now refuse to let the extension go ahead (work is due to start in 3 years time) and will not allow the extension to go onto the new property.

notrouble

If the garden was included originally in your tenancy, then you have a right to a garden.

If it was not, you do not. What does your tenancy agreement say?

If your tenancy started in 2002 AND you were not given a S20 notice, then you are indeed an Assured Tenant.

However more significant is the demolition? Is the landlord planning to end your tenancy? Or move you into temporary accomodation? What has been said to you?

jjlandlord

You should check is currently the garden is indeed part of the property you rent. You say it is fenced so this seems likely, you could get the title plan from Land Registry to check.
If in the contract the property is simply mentioned by its address and it is not stated that the garden is excluded, it means that it is included by default.

notrouble

jjlandlord wrote: »

You should check is currently the garden is indeed part of the property you rent. You say it is fenced so this seems likely, you could get the title plan from Land Registry to check.
If in the contract the property is simply mentioned by its address and it is not stated that the garden is excluded, it means that it is included by default.

assuming the Property Title does show the garden as being part of the property.

Annieuk75

Thanks guys. I just looked it up on the Land Registry and unfortuanately, because it is a large site with 52 flats and our Bungalow, the plans only show the boundaries for the whole site.

No, our tenancy is not being ended, but they refuse to allow the DFG to go ahead. They will move us into the new build, to a 2 bedroom flat with use of communal gardens (alongside guide dogs) for our 2 children.