Paying for the other tenant's stuffs to be removed before I buy the flat

Zeldorium9

Hi All 

I live in a Housing Association (HA) flat, I live in the upper flat A and the other tenant lives in the lower flat B. 

A problem has arise from the tenant's husband below, by taking over the shared garden. The shared garden is supposed to be used by both tenants. It's in our contracts. I have phoned and logged complains with HA, and asked to put up a fence to divide the garden.

The land surveyor came down from the HA, and he explicitly has expressed that our garden has to be divide to resolve this issue. 

Since then HA has been sending letters and visits asking for the tenant's husband in flat A to remove all of his stuffs and give me access to the garden. After which HA will put up a fence.

This problem has been going on for 2.5 years and still very minimal stuff has been moved. 

Now the tenant (the wife) has unfortunately fallen ill and is bed ridden in a hospital and less likely to return back to the flat. The tenant's husband now spend everyday going to the hospital to take care of her.

Because of flat B situation, the HA has put a hold on the case and awaiting if the tenant (the wife) recovers.

So now the outside communal area and the shared garden still has all of his stuffs, which mostly likely will not be removed.

I have a solution to this problem. I'm willing to pay for the clear up of all the stuffs in the outside communal area and garden to be removed, after which the HA can put up fence. I have been waiting in frustration for a long time for this issue to be resolved and I only can see this as a viable option. I don't know how long the tenant (the wife) will stay in the hospital as her condition is very serious. I just want to end this issue peacefully 

I want to buy the flat, but I don't want to buy while inheriting this problem 

Can anyone please advice ?

ProDave

If the garden is being split, then surely all you need to do is move the other persons stuff to his side of what will be the new fence line, then erect the fence.

Why make life complicated?

The_Unready

I'm pretty sure that's what the Op is suggesting. I'm not sure what specific advice they're after, though.

Op - what aspect of your post do you need advice on?

macman

Until such time as the garden is divided, surely he has the right to keep whatever he likes in the shared garden, as does the OP? Unless the lease has specific conditions about the use of the garden, which would be expected.

born_again

Why has it taken 2.5 years for the HA not to send someone round to put a fence up & remove the items...

Zeldorium9

Hi ProDave 

Thanks for your reply 

The problem is in the garden, he has planted bushes, lots of flowers and plants on both sides of the garden. this has effectively blocked the path to my share part of the garden, which is the back half. I have done a quick sketch just clarify. 

Zeldorium9

Hi all 

I was proposing to pay to clear out the plants, bushes and flowers, which the HA has already requested before for the tenant's husband to do, and yes I can move his stuff on his side of the garden 

why it took 2.5 years, because the HA official kept arguing that it is a shared garden and that we both can share,  which was nonsense because the tenant's husband had taken over the whole garden.
Finally it was settled that the garden had to be divided