What are my tenant rights RE garden access

arj05

Sorry this is a long one:

I live in a rented property with a front and back garden. At the side of the home is a large wooden shed sat almost flush behind a set of double gates, leaving a small passage between the shed and my wall down into the back garden (see image at bottom). I am not allowed access or to use this shed - it belongs to the handyman my landlord employs to carry out maintenance on all his properties to store his tools. 

The shed was there before I moved in and I’m not allowed keys to unlock the gates, the reason I was given was that I might forget to lock it so it would be easier for thieves to break into this shed? Though, I have never given my landlord or the handyman any reason to believe this. I lived for 4 years in another property belonging to the same landlord before moving here 2 years ago (he sold that house and moved me to this one) with no security issues ever. 

So every time I want to access my garden in any other way than travelling through my house, I have to ask my landlord or the handyman to come to my property to unlock the gate. They say no if it’s not convenient (Baring in mind both live within 2 streets away so I’m not asking them to travel far). This limits me mostly for access to my bins which are kept in front of gates. I can’t ever take the garden waste bin into the garden for use yet am still expected to maintain a tidy/mowed garden? And I have to carry all the kitchen rubbish through the house rather than straight though the back door into a bin. I can’t risk moving the bins inside the gate in case I can’t get them out again in time for collection day.

It sounds trivial, but for example, I need to do a few tip runs for some old garden furniture too large to get in a car so asked a friend with a van if they’re available to assist. They’re free this weekend but the landlord/handyman are refusing to come and unlock the gate because it’s weekend and ‘their time’, and we can’t get the stuff through the house. They won’t lend me the key just for the day to return after. I’ve offered to walk to and from their houses myself to collect and return the key so I only have it for a matter of hours (I think they’re scared I’ll get a copy cut if they hand it me) I’m nervous about trying to throw the stuff over the top because it's quite heavy and if I cause any accidental damage he’ll be quick to insist I pay to repair. So plans potentially cancelled. 

I’ve had countless arguments with my landlord about this. There’s nothing in my written contract about this gate, and as far as I’m concerned it’s also a health and safety hazard. What if there was a fire at the front of the property and we could only get out of the back door, then couldn’t escape the garden? But he won’t budge on it. In fact, he has even used the exact words ‘you have nowhere else to go’ when challenging my rights. Which is true, I’m a self employed single parent just coming out of a pandemic, I don’t have the means to quickly save for a deposit to move elsewhere and since he didn’t initially take one I don’t have a returned deposit to fall back on. The list for council housing is years long. I don’t have much family to borrow from. So I’m stuck here.

When I asked citizens advice about this they said it’s a grey area since its not the actual building, the entrance to the shed is almost flush with the gate so and as long as they don’t come down the passage and into the garden they’re not really entering my private space without my permission so I can’t argue the right to privacy thing. 

I cant really see anything online about my access rights since it’s just a side gate attached to my house.

Can anyone advise? Or any ideas where I can go with legal info on this?

freesha

What an absolute ballache!

moneysavinghero

Could you not have passed the stuff for the tip over the top of the gate?

LL and handyman need to keep the dead bodies in the shed a secret so they will not be giving you a key. I presume this arrangement was made clear when you first took out the tenancy. In which case there is not really anything you can do. If there was a fire you would be safe in the garden.

Does seem strange he wont give you the key to the gate though. The shed is more understandable, but the gate is a bit more weird.

arj05

moneysavinghero said:

Could you not have passed the stuff for the tip over the top of the gate?

LL and handyman need to keep the dead bodies in the shed a secret so they will not be giving you a key. I presume this arrangement was made clear when you first took out the tenancy. In which case there is not really anything you can do. If there was a fire you would be safe in the garden.

Does seem strange he wont give you the key to the gate though. The shed is more understandable, but the gate is a bit more weird.

We could, though the stuff is heavy and it is just a risk I don't want to take if necessary as any damage to the gate will be on me to pay to repair. 

Arrangement RE gate wasn't mentioned at all when I moved in. We discussed the shed and no access to that which I'm fine with, I have no need of a shed anyway. But gate wasn't mentioned at all and I just assumed I'd get a key for that as I had a key to the locked gate at my last property with him. It was only when I'd moved in he then said I wasn't allowed one because of the shed. That's partly my fault for assuming, but I don't think an unreasonable assumption since I was allowed a key at my last property, and I also feel like this info was purposely kept from me when discussing the shed before I moved in.

arj05

freesha said:

What an absolute ballache!

Right?! He also won't let me have a key to the cupboard with my meters in so I have to call them every time I need a gas and electric reading! talk about control freaks!

moneysavinghero

If you don't need a shed where do you keep the lawnmower?

arj05

moneysavinghero said:

If you don't need a shed where do you keep the lawnmower?

I don't have my own as nowhere to keep it, I borrow my mother's when needed, again only getting it into the garden when convenient for others to open the gate!

moneysavinghero

Let the grass grow then. When LL complains tell him you couldn't get the lawnmower in because the gate was locked.

princeofpounds

Hi OP.

OK, so you agreed no access to the shed as part of your tenancy agreement. I suspect it is not reflected in the written agreement, but given that both sides would accept it was the intention of the contractual arrangement then it is valid for the LL to exclude you from the shed.

The gate is a different matter. Again, I assume that it is not reflected in your written agreement. I suspect your written agreement demises (allocates) the entire property to you - correct? Nor was it agreed verbally before the contract was signed. So legally-speaking, you have a case for full access through that gate. There is no doubt about that. Nor is there any doubt that your landlord is being unreasonable - his fear is valid but his decisions are questionable. 

The question then is how you go about achieving that, and the pluses and minuses involved. 

You could due in court for an injunction for access. That would probably not be worth the time or expense, although it would be the most 'complete' legal solution.

You could get a locksmith to replace the gate lock. That would be much more practical. However, it would upset the landlord so let's consider his reaction:

- He might order a locksmith to change the lock back, and engage in some fruitless lock ping-pong.

- He might try to class the change of lock as damages and claim it from your deposit. That would fail, as he has not suffered any loss or damage.

- He might decide to pursue a revenge eviction. He might try S8 for breaching your tenancy agreement, but that would fail, so that route is not available to him. He might try S21 for a no-fault eviction. That would probably work, eventually. 

A revenge eviction would not be rational or sensible. The chances are that it would not happen if he cools down, but it's a possibility.

So the main question is not whether you have a legal right to access through the gate. It's about whether it's worth enforcing that right.

Slithery

I took up lockpicking as a new hobby over Xmas.

Section62

arj05 said:

I am not allowed access or to use this shed - it belongs to the handyman my landlord employs to carry out maintenance on all his properties to store his tools. 

The shed was there before I moved in and I’m not allowed keys to unlock the gates, the reason I was given was that I might forget to lock it so it would be easier for thieves to break into this shed?

If he knew anything about security then he'd be aware that gate is not going to stop someone who wants to break into the shed from climbing over it and breaking into the shed.

The only thing it might achieve is making it less convenient for the thieves to steal heavy items that would be easier to remove by wheeling them along the ground rather than carrying them. But even then, it wouldn't take much effort to remove the gate from the wall.

Have you ever been allowed to see what is inside the shed?  If not, then I personally would be more concerned about what it might contain - on a property I'm responsible for - rather than the access issue.

arj05 said:

Right?! He also won't let me have a key to the cupboard with my meters in so I have to call them every time I need a gas and electric reading! talk about control freaks!

There is a black cable running along the side wall of the house which does a 90 degree turn and goes underground at roughly the point where the front of the shed is. From the photo it looks like it could be armoured electrical cable.

Where does it go on the extreme right of the picture - where it appears your meter cabinet is? Does it go into the meter cabinet, or into the house?

Is there anything in the garden using electric? Like a pond pump, lights, or a socket?

On the evidence so far I would be wondering if he had some form of electrical equipment in the shed and running it off your meter.  Do you keep an eye on your electric bills, do they seem more expensive that you'd expect?

You can easily buy keys for meter cupboards - unless he has applied his own lock to yours. I would get my own key and check what is going on with that cable before alerting him to any suspicions you might have.