Shared access

LS1981

Hi, I’m looking for advice regarding shared access on rented property. I live in a rented housing association terraced house (all tenants are with the same association) and new neighbours have said we are only allowed to use their garden to take bins out and have even gone as far as to telling contractors eg window cleaners they can’t use their garden to basically access ours. Housing association have said when neighbours were shown the house the housing officer for some reason assured them the access would only be for bins only We don’t use the access constantly but how else are we supposed to access our garden for other reasons without using their garden. We are mid terrace. We have lived here for years with no issues with previous neighbours. Also we decided to replace the fence ourselves as previous fence was broken, if we move out can we ask the housing association to reimburse us for all or even part of the cost or do we just be right petty and take it with us. Anything I’ve found online is for home owners but this is for rented. Any advice would be appreciated. TIA

Ath_Wat

"Housing association have said when neighbours were shown the house the housing officer for some reason assured them the access would only be for bins only"

Is this what the housing association have said?  That the housing officer told them this "for some reason"?  What do they say now - what the officer told the neighbours on the viewing is irrelevant, do the housing association,  who own both homes I assume, say that you do or do not have right to use that access for anything other than bins?

elsien

What’s the specific set up - your post isn’t very clear. You can access your garden from the house but it’s a shared access for anything external which involves walking through their garden? 

Ref the fence - the time to ask the HA the question about responsibility for payment was before you put it up, not afterwards. What does your tenancy agreement say? 

Bendy_House

I presume the deeds for your house can be downloaded from the Land Registry site like any other? As can your neighb's. For the little cost involved, I'd do that, highlight the relevant parts, and either approach your neighb or have it handy the next time you cross their garden 'without' a bin.

Resist being smug (   ), but just explain that 'you' are not responsible for the misinformation provided to them by the HA. And 'nothing' has actually changed 'on the ground' since they were  given the incorrect info. 

You'd struggle to get the HA to pay for the fence, but I guess you could ask for a partial sum (I'd do that now, as it's in good order). And to take it with you would be tricky, and churlish. Instead, flatten it, and carry each small piece - one at a time - across the neighb's garden to a bin. 

What?!

Section62

Bendy_House said:

I presume the deeds for your house can be downloaded from the Land Registry site like any other? As can your neighb's. For the little cost involved, I'd do that, highlight the relevant parts, and either approach your neighb or have it handy the next time you cross their garden 'without' a bin.

For a Housing Association/Local Authority property there may not be an individual title per property, and if there is, it won't necessarily contain the covenents you'd expect in this kind of situation.

The right to use the shared access may just be referred to in the tenancy agreements - and only added as a covenant in a separate title when a property is sold away (e.g. RTB)

I'd leave it up to the HA to sort out.  If they have given the new tenant wrong information then it is up to the HA to correct that mistake.  If the OP can only use the access for bins then the HA needs to be clear about that instead.

HampshireH

A lot of HA tenancies will state dividing fences are joint responsibility. You won't get any more back for upgrading it at all. If you expected them to pay for it then you would have had to get them to do it (also unlikely unless broken and not your responsibility).

With regards to the access arrangements. Ask the HA to reiterate the arrangement to the new people.

Infact as long as it's a proper arrangement then a complaint about your neighbours would be valid. Note a lot of houses are mid terrace with no rear access and no similar arrangement.

LS1981

I think ultimately can they block the gate to stop us and window cleaners accessing our garden, also they have told delivery people not to leave parcels in our back garden as they are not allowed to use their garden for access. Delivery drivers leave parcels anywhere tbh.

HampshireH

LS1981 said:

I think ultimately can they block the gate to stop us and window cleaners accessing our garden, also they have told delivery people not to leave parcels in our back garden as they are not allowed to use their garden for access. Delivery drivers leave parcels anywhere tbh.

I wouldn't expect delivery drivers to be traipsing through the neighbours garden to deliver parcels. Contractors/services I can understand.

Most delivery men leave parcels on the doorstep or with a neighbour if the person isn't home. 

Yes they can block access but If it's incorrect your HA can enforce their tenancy to allow access and prevent antisocial behaviour

LS1981

HampshireH said:

LS1981 said:

I think ultimately can they block the gate to stop us and window cleaners accessing our garden, also they have told delivery people not to leave parcels in our back garden as they are not allowed to use their garden for access. Delivery drivers leave parcels anywhere tbh.

I wouldn't expect delivery drivers to be traipsing through the neighbours garden to deliver parcels. Contractors/services I can understand.

Most delivery men leave parcels on the doorstep or with a neighbour if the person isn't home. 

Yes they can block access but If it's incorrect your HA can enforce their tenancy to allow access and prevent antisocial behaviour

They can block access to stop us from using a shared access gate to the front of the house, seriously!! The access is a tunnel from the front between neighbour next to us and another neighbour which leads to both their gardens and unfortunately for us we are mid terrace so we have shared gates/access with the neighbours who have a problem with this. We have lived here for 12yrs with no problems from any neighbour. Just also to note we do get delivery drivers who will leave parcels in back gardens.

TripleH

Talk to the HA, you say mid terrace, get all other affected parties involved as well (harder to ignore several parties).

Keep it all civil and polite, best way is the old confused card seeking clarification as you all believed you could access for more than bins. That way HA will be more cooperative (he says) to resolve an issue to keep it all nice and happy.

I can't see how your new neighbours could block access without an issue. What if they are away on holiday, lock their barrier and you all can't get your bins out, they'd be breaching their obligation.

I can understand the new neighbours if it was kids running back and forth across their garden playing, but window cleaners and odd delivery driver don't seem to be an issue.

Or maybe they don't want you to look in their house during the day as they parade around in their 'special interest costumes?'

Section62

LS1981 said:

HampshireH said:

LS1981 said:

I think ultimately can they block the gate to stop us and window cleaners accessing our garden, also they have told delivery people not to leave parcels in our back garden as they are not allowed to use their garden for access. Delivery drivers leave parcels anywhere tbh.

I wouldn't expect delivery drivers to be traipsing through the neighbours garden to deliver parcels. Contractors/services I can understand.

Most delivery men leave parcels on the doorstep or with a neighbour if the person isn't home. 

Yes they can block access but If it's incorrect your HA can enforce their tenancy to allow access and prevent antisocial behaviour

They can block access to stop us from using a shared access gate to the front of the house, seriously!!

Not legally, unless the HA says they can.

If this is likely to be an ongoing problem then it might be worth asking the HA to change the access arrangements - if all the neighbours agree.  For example making the access path across the far end of the gardens so it can be fenced off from each individual garden to make those private.

It was fairly common for terrace-type LA housing to be built with a shared access path immediately behind the house - which in its day would have been used not just for bins, but also access for 'traders'.  Even in council housing it wouldn't have been the norm for the grocer/butcher etc to deliver to the front door.  Because the housing was more communal than people expect today, these paths weren't a problem.

If it has become a problem then the HA can find a solution - if they are willing and able to find the money for it.