Access to garden

deanphillips2005

Hello, I live in a 1 bedroom flat above a commercial property. The way the flat is situated means that I don't have outside access to the back garden - unless I walk through the shop downstairs and out their back door - which is out of the question. The only other means of access is walking down the street and down a lane - this isn't normal in my opinion. Therefore, I don't have access to the garden. The problem is, the shop (even though they have access via a back door in their shop) are not maintaining the garden at all. You can see the overgrown nature of it as a result. The shop have been there for 18 months and have never touched the garden.

Who is responsible for it? I would imagine that their tenancy agreement is similar to mine (Assured Shorthold) which states the usual requirements for garden up keep. however, it is not possible for me to adhere to this due to not having access. It is however possible for them to sort it, as they have access via their back door.

What will happen when this gets way too much overgrown? Can the council intervene and get it cut (if neighbours complain).

See pictures. My landlord lives in another country. 

Brie

Have you asked the people in the shop about it?  Or the rental agent? (assuming you are renting from what you've said).  Or if you own it - what's your leasehold agreement say?

I believe the council will only get involved if there's a problem for the neighbours to complain about.  For instance if there are rats or other vermin.  They won't care if a garden is overgrown.

Section62

deanphillips2005 said:

Hello, I live in a 1 bedroom flat above a commercial property. The way the flat is situated means that I don't have outside access to the back garden - unless I walk through the shop downstairs and out their back door - which is out of the question. The only other means of access is walking down the street and down a lane - this isn't normal in my opinion. Therefore, I don't have access to the garden. The problem is, the shop (even though they have access via a back door in their shop) are not maintaining the garden at all. You can see the overgrown nature of it as a result. The shop have been there for 18 months and have never touched the garden.

Who is responsible for it? I would imagine that their tenancy agreement is similar to mine (Assured Shorthold) which states the usual requirements for garden up keep. however, it is not possible for me to adhere to this due to not having access. It is however possible for them to sort it, as they have access via their back door.

What will happen when this gets way too much overgrown? Can the council intervene and get it cut (if neighbours complain).

See pictures. My landlord lives in another country. 

Is access to/use of the garden included in your TA?

deanphillips2005

Brie said:

Have you asked the people in the shop about it?  Or the rental agent? (assuming you are renting from what you've said).  Or if you own it - what's your leasehold agreement say?

I believe the council will only get involved if there's a problem for the neighbours to complain about.  For instance if there are rats or other vermin.  They won't care if a garden is overgrown.

When I spoke to them when they first moved in (I've lived here for 3 years longer than them), they indicated that they weren't responsible for the garden. I disagree. The previous shop tenants made use of the garden and maintained it. It appears that these clowns are choosing not to.  I've never had use of it at all.

So, if that's the case (that they've decided against it), and I can't physically access the garden - then who is responsible for its upkeep. I feel another long winded email being churned out to the landlord shortly...it seems there is a never ending stream of problems with my tenancy.  

deanphillips2005

Section62 said:

deanphillips2005 said:

Hello, I live in a 1 bedroom flat above a commercial property. The way the flat is situated means that I don't have outside access to the back garden - unless I walk through the shop downstairs and out their back door - which is out of the question. The only other means of access is walking down the street and down a lane - this isn't normal in my opinion. Therefore, I don't have access to the garden. The problem is, the shop (even though they have access via a back door in their shop) are not maintaining the garden at all. You can see the overgrown nature of it as a result. The shop have been there for 18 months and have never touched the garden.

Who is responsible for it? I would imagine that their tenancy agreement is similar to mine (Assured Shorthold) which states the usual requirements for garden up keep. however, it is not possible for me to adhere to this due to not having access. It is however possible for them to sort it, as they have access via their back door.

What will happen when this gets way too much overgrown? Can the council intervene and get it cut (if neighbours complain).

See pictures. My landlord lives in another country. 

Is access to/use of the garden included in your TA?

The tenancy agreement just states the usual about maintaining outside space or outbuildings. My issue is that the only outside access door to my flat is to the road out the front. I don't have access to the garden. It's a converted house that has been converted into a shop downstairs and this flat on top. The only access to the back space is through the shop. Therefore, my view is that I don't have (or shouldn't have) the responsibility of the upkeep of the garden. 

Brie

So you've lived there for nearly 5 years, have never used the garden but suddenly are concerned about it? 

Do you want to use it?  Or do you simply want to be looking out over something that is pleasant? 

I would have thought you must have realised the access was an issue when you first rented.  If you are paying for the access/use then I guess you might need to renegotiate with the landlord.

deanphillips2005

Brie said:

So you've lived there for nearly 5 years, have never used the garden but suddenly are concerned about it? 

Do you want to use it?  Or do you simply want to be looking out over something that is pleasant? 

I would have thought you must have realised the access was an issue when you first rented.  If you are paying for the access/use then I guess you might need to renegotiate with the landlord.

That picture I sent is one that doesn't look too bad, however on the side of the building it has overgrown to the point of collapsing into a mess, it looks like a jungle I am not bothered at all by not using the garden. my question was that who would be responsible for sorting it out because at some point, it has to be. I personally don't think it should be my responsibility because I cannot access it from my property.

DRP

If the garden isn't part of your tenancy, then of course you're not responsible for it.

Isn't it that simple, or am I missing something here? 

Sebi_895

I'm missing something here as well...just play the ignorance card!

theoretica

If you don't have responsibility for the garden, then who does seems not to be your problem.  If you do have responsibility for it then it being a walk down a lane to access is not an impossibility.

eddddy

deanphillips2005 said:

 I feel another long winded email being churned out to the landlord shortly...it seems there is a never ending stream of problems with my tenancy.  

I'm not sure it needs to be long winded - in your position, I'd keep it short and to the point. Maybe something like:

I notice that the garden at the back is unmaintained and getting overgrown. My understanding is that it's not my responsibility to maintain the garden. Please could you confirm this. If I don't hear from you, I'll assume my understanding is correct.

I guess you could attach a photo of the garden.