Fire exit runs through our garden dispute

Right so I'm just looking for some advice really on behalf of our landlord. Basically we rent a studio flat which has a small walled yard to the side of the property. This yard belongs to our landlord and when we moved in was full of rubbish and furniture from the previous tenant so when we offered to do it up and make it a usable space the landlord obviously was happy for us to go ahead. Since we've cleared it we've laid some astro turf and put some flower planters and a table and chairs along the side. However on the back wall is a door which is the fire escape for the local doctors surgery we were aware of this before hand and made sure to leave access and keep our additions along the side wall so that this door has a clear path. Today we were told by the surgery that as this area is a fire exit we have to remove all items from the yard (including the astroturf!) My issue is, they intially said they were happy with us using the space as a garden as long as a clear path was kept to the door (which we have done) and the land is private property belonging to our landlord, do they have a right to order us to clear out our garden? Esspecially when none of it is blocking the door? They never raised this issue before when the yard was blocked with the previous tenants rubbish! Any advice would be appreciated we've spent a lot of time and money making the garden nice and to be told to get rid of it all when it's not causing harm is really irritating.
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Comments

  • dominoman
    dominoman Posts: 973 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    No way. Don't do a thing. It sounds like you have improved the space significantly so it is totally unreasonable of them to ask you to remove all that.

    And tell them you'll be finding a new dentist!
  • SplanK
    SplanK Posts: 1,155 Forumite
    Part of the Furniture
    on what grounds are they requesting you remove the stuff? As long as there is a clear path then there is no additional danger to life in my opinion.


    Ask for written confirmation in writing, detailing the exact reasons why it should be removed, and ask them to arrange an appointment with the local fire officer to come and confirm that the 'stuff' needs to be removed.
  • The only grounds they gave was that the area is a fire exit however it's not it's private property that happens to also be where their fire escape opens out too. It just so frustrating that they agreed it was fine months ago as long as we put everything along the side wall and now they are saying we have to clear the space completely, I mean how is astro turf blocking the path?asking for written confirmation is a great idea thanks, the letter they gave us was from the fire Marshall which I assume is just whoever at the surgery has done the fire safety course! Just worried I'm gonna come home to find my garden gone cos they moved all our planters out the yard last time they had an issue with it (before they agreed we could keep them on at the side)
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Fire marshal LOL.
    Made up title if I ever heard one.

    Instruct them they must not trespass again on the land you are renting unless it is to make an emergency exit from the premises by the fire escape.
    I do Contracts, all day every day.
  • tired_dad
    tired_dad Posts: 631 Forumite
    Part of the Furniture 500 Posts
    Go and have an informal "off the record" chat.

    You may well find they are reasonable people but getting twitched about an impending inspection by some clipboard carrying do gooders. Lots of this goes on with healthcare sites. If you catch my drift.
  • Ralph-y
    Ralph-y Posts: 4,628 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    as most of the above ....

    after 30 years as a fire officer ......

    I would say that the 'fire marshal' has jumped the gun a little ;)

    may be ... been on a course .... likes the power ..... is a little ....

    try the go in and see them ...

    ask how many they expect to have to evacuate in the case of an emergency ........

    ask what the expected evacuation figurers / rate is ....

    what the emergency exit rules / specifications are ....

    ask them if you should request a visit from the local fire service fire prevention .......

    if you are local I would do report for my (now retired) fee of 1 pint :)

    or ask them if they will help to put all the crap back :rotfl:
    as above try the soft approach first ...

    Ralph:cool:
  • brightontraveller
    brightontraveller Posts: 1,379 Forumite
    edited 21 April 2016 at 3:56AM
    Being told means absolutely nothing the fact it’s a fire door/escape route means nothing also ignore it and them till until its in writing? Just because its there doesn’t mean they have the any right of access across the yard etc, Its certainly not unknown for people to try it on put fire exits /escapes etc onto/through others land property etc without any permissions at all (HMO,s especially) if they think it will save them money ?
    If they can prove they have rights they’ll be sure and send you notification you can then assess if they have grounds or not until then its all talk( your landlord should know if they do or not though it would normally come up when you purchase a property )

    If they do you could try and get monies off your rent if exclusive use of yard was part of your tenancy but as landlord didn’t clear previous tenants rubbish likely they couldn’t give a tosss, Some might try talking to doctors surgery but as they have already changed there mind so to speak you could well end up with the same trouble in weeks if they change there minds again If they want it clear then make them prove it needs be so ?
  • Fire marshal LOL.
    Made up title if I ever heard one.

    Instruct them they must not trespass again on the land you are renting unless it is to make an emergency exit from the premises by the fire escape.

    How do you know there has been a trespass?
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think I would be inclined to phone your local fire station and ask them to pop in next time they're passing for their take on the situation.

    I would take the word of a fire officer over that of the person at the surgery designated as the 'fire marshall' any day. Sounds like someone there is on a power trip.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • If it is a fire exit route (and it's a big if) then there will be some agreement with the landowner re using and keeping the route clear, if there is no agreement then their fire marshal can call it what he or she likes but one thing is certain IT IS NOT A FIRE ESCAPE ROUTE.

    One of the most important criteria for a fire escape route is that it must be under the owner/occupiers control until it reaches a place of safety and your small back garden would not be considered a place of safety
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