Access to Shared Shed - now a rental property

silvercar

Slithery wrote: »

I can't recall exactly what's niggling at me, but I seem to remember that there are different regulations regarding renting out only part of a property in the way you describe. I can't remember whether it's to do with council tax or something else.

The important question still remains though, is this property on your land or is it on your neighbours and you have a right of use/access via your deeds.

If you rent out only part of a property, then the tenant could argue that they are paying the council tax for the whole property and should have a reduction for the notional council tax on the share that is excluded from the rent.

In extreme, the local council could decide that the property is an HMO as there are 2 occupiers, the tenant occupying the main residential part and the landlord keeping rights to the secondary part. If the council decides it is an HMO, then the landlord is responsible for all the council tax. Example here.

Slithery

Thanks silvercar, I think that was it

Red-Squirrel_2

middleclassbutpoor wrote: »

Just pay for a stud wall to be put in to separate.

Reinstating the separation would seem sensible.

Alternatively, let your neighbour have the shed and have the access right removed from the deeds so that you can rent the whole property more simply. It’s not like it’s essential or even very beneficial anymore now there’s an indoor toilet!

If you want a shed, get one in your garden where you live.

Formosa

I have asked for a key and my mother even spoke to the neighbour when she was arranging the letting agent (I am out of the country) and they have refused to pass one over saying that I can ask them whenever I want access. I realise having other people in would be less favourable but the main issue is that ever since the change they have seen it as their shed and even though the deeds show that that part if land is mine (I checked with a solicitor) they think they are doing me a favour by letting me store small things. It is just a bit of a mess and awkward.

I was wondering how I can enforce access since they are refusing to hand over a key at this point so that I can explain what my next steps would be.

csgohan4

looks like one for the solicitor as they are clearly not being friendly and feel entitled

moneyistooshorttomention

Formosa wrote: »

I have asked for a key and my mother even spoke to the neighbour when she was arranging the letting agent (I am out of the country) and they have refused to pass one over saying that I can ask them whenever I want access. I realise having other people in would be less favourable but the main issue is that ever since the change they have seen it as their shed and even though the deeds show that that part if land is mine (I checked with a solicitor) they think they are doing me a favour by letting me store small things. It is just a bit of a mess and awkward.

I was wondering how I can enforce access since they are refusing to hand over a key at this point so that I can explain what my next steps would be.

Sounds like next time you are back in the country (and I'd make it pretty quickly if you can) then you "ask" for a key and they can't deny it to you personally (as you own half that building). Then you get a spare key cut pronto (do NOT ask or tell them about this - as you are entitled to it).

Following on from that - you use your key you will then have and nip in quick (without asking - as you have the right to do this) and put up that stud wall dividing the building back into two again.

They will find it's a "done deed".

After that - it may be as well to offer to sell them your half of this joint building at a reasonable price. It's up to them if they accept your offer. If they do - wash your hands of it/you'll have been paid for your half of the building/end of....

If they don't - well at least they've not been able to nick your half of the building for nothing (which it sounds like they could be trying to do at present).

davidmcn

Formosa wrote: »

the deeds show that that part if land is mine (I checked with a solicitor)

I was wondering how I can enforce access since they are refusing to hand over a key at this point so that I can explain what my next steps would be.

If they're trespassing on your property then you evict them. Their figure of £6000 is bizarrely specific (and unlikely to be correct, unless perhaps they're daft enough to defend the action). The tenancy isn't relevant.

moneyistooshorttomention

Afterthought - if even you personally can't get a key from them - then it's your joint building and one is entitled to break into one's own property (so either you employ a locksmith or many people know a-man-down-the-pub that for a drink or two and a handful of fivers might happen to find themselves in that direction on your behalf to break in).

Then you put the stud wall up quick dividing your half off.

....I bet I know who broached the subject of turning this jointly-owned building into one undivided building and it wasn't you:cool:

Davesnave

Formosa wrote: »

I have a traditional terraced house with an old style outside toilet which is on my neighbours land but which I have access to.

Do you mean that your outside toilet is accessed via the neighbours garden/yard rather than that they own the land it stands on?

As GM says, access depends on the rights you have, as defined by your title documents and reflected in the neighbour's. We can't see those, but assuming you have those rights, the neighbour cannot legally refuse you or your tenants access.

You may have to enforce access rights through a court, but if the neighbour requires you to do that and you win, they will be picking up the costs.

PasturesNew

For those who think this is peculiar, it used to be quite commonplace.

Typically, imagine a 120 year old row of terraced houses and every 2nd house has two sheds brick built in the garden - they used to be the wash-houses for the individual houses. Back then you most likely knew your neighbours and would just go to your wash-house, 1-2-3 doors along, and use it and traipse back. These days more fences/gates have been erected but the ownership of and access to the original wash-house still exists.

Here is an example, where you can see three brick built sheds side by side

The rear courtyard has the traditional wash house with Belfast sink and a garden store room

Image 9 https://www.rightmove.co.uk/property-for-sale/property-56284335.html