Landlord taking away use of garden

Tenant26

Hi all,

I’ve lived in my rented flat for almost 11 years now. It is 1 of 4 flats and within the piece of land it sits on we have a driveway with a front garden/grass area to the side, and a small patio at the back. My son uses the grass area to play football and has done for a number of years.

Around a year ago, the landlord started storing a small trailer and some bricks at the end of the grass area and fenced this off with a metal fence (almost like a garage front) which he tied to a tree! In the strong wind we had last week, the fence blew down.

The landlord has now put up a notice to say that he has had advice from a solicitor to say that the grass area should not be used now as it is unsafe, and we are no longer permitted to set foot on it. I sent a message to my landlord and asked reasonably, whether the trailer could be stored elsewhere as the grass area is used regularly. This would then make the grass area safe as there would be no need for the metal fence. I got a patronising response to say that I clearly did not understand what he was saying and I should speak to his solicitor (I am yet to receive their details). 

I don’t know if I’m being unreasonable, and I also don’t have much of a clue about any sort of housing laws! 

My tenancy agreement does not specifically state that we rent the flat and the garden, driveway etc, but does it need to? The relevant sections in the tenancy agreement they I can see are:

“Address of property to let: [address of my property]”

“GENERAL NOTES

1) This Agreement is for letting furnished or unfurnished residential accommodation on an Assured Shorthold Tenancy as defined in Section 20 of the Housing Act 1988 as amended by the Housing Act 1996. As such, this is a legal document and should not be used without adequate knowledge of the law of Landlord and Tenant.” 

“GARDEN

47) Not to dig up, or cut down, any trees, shrubs or bushes or timber, except with the Landlord's prior written consent.

48) To cut the grass (if any) of the Property with an appropriate garden mower as necessary from time to time to keep the grass in, or bring about, a neat and tidy condition. Furthermore, to keep the patio areas (if any), paths, garden areas, lawns, flower beds, shrubs or bushes and borders (if any) as tidy, weed free and cultivated as at the commencement of the Tenancy.”

It seems very generic and not specific to the property. 

My understanding is that we rent the flat and the land it sits on, therefore we should have use of the garden and if we don’t, there should be a reduction in rent. I don’t feel like I’m being unreasonable, but as I say I have no clue about this sort of thing, and would like to be able to respond to my landlord with some solid facts rather than what I think is right. I do have an appointment with citizens advice next week but any advice in the meantime would be greatly appreciated. 

Thanks! 

theartfullodger

Look up (£6 I think) land registry details of your flat AND the plan. 
https://www.gov.uk/search-property-information-land-registry

That will show if the garden part is part of the property or not (I dunno right now, suspect you don;t either).  

If the garden part is included and the tenancy does not specifically exclude it (sounds like you say it doesn;t) then the garden is "yours": And unless tenancy states LL has right of access to it then he doesn't (except for right to inspect -- LL & T Act 1985.s11.6 see below - but only to inspect to make sure the place is OK for you the tenant).

https://www.legislation.gov.uk/ukpga/1985/70/section/11

""(6)

In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.  ""

Good luck

Artful: Landlord for over 20 years

m0bov

Tell your LL this is affecting your quiet enjoyment of the property. How is he gaining access? Its for the use of the residence, so I would write to him. Tell him to remove the items within 14 days.

Jonboy_1984

Does the landlord own the whole block of flats or just yours?

Is the grass exclusively accessed via your flat?

In our last flat the patio against the property was part of the flat, the grass was communal for all flats to use (including a bit that was only accessible from our flat!)

Tenant26

Thank you for for replies! 

Have just bought the plan, have scribbled on it to show what’s what, the green is the garden area in question. 

There is no mention in the tenancy that specifically excludes that the garden is for our use. There is also nothing to mention that the landlord has right of access. 

He accesses the garden area by driving onto the driveway and then driving down the grass with his car and trailer attached (he drops the trailer off and picks it up as and when he needs it). 

The landlord owns the whole block (he built them) and the grass can be accessed by all tenants. 

I’m slightly worried that the landlord has been known to serve Section 21 notices for very silly reasons in the past (he did it to me years ago as I complained that problems I had reported to him hadn’t been rectified, then retracted it). But I also don’t want to be walked over, especially as he has just increased the rent for the third time in as many years. 

MultiFuelBurner

I wouldn't stir up the hornets next over this.

Because the fence has come down the LL is protecting their self against a claim should someone go onto that area and injure themselves.

Tenant26

MultiFuelBurner said:

I wouldn't stir up the hornets next over this.

Because the fence has come down the LL is protecting their self against a claim should someone go onto that area and injure themselves.

The fence has now been put back up and it’s back to how it was before. I just don’t see that it’s fair we are paying the same amount of rent but now unable to use the outside area. 

MultiFuelBurner

Tenant26 said:

MultiFuelBurner said:

I wouldn't stir up the hornets next over this.

Because the fence has come down the LL is protecting their self against a claim should someone go onto that area and injure themselves.

The fence has now been put back up and it’s back to how it was before. I just don’t see that it’s fair we are paying the same amount of rent but now unable to use the outside area. 

Is it worth upsetting the apple cart over and then getting issued a section 21 as you have said this is how your LL reacts to things he doesn't like. It's not right but until the rent reform bill passes section 21 are a nuisance for tenants and can be used inappropriately.

You could certainly push this to the extreme and get all the tenants involved ask the landlord to store his trailer elsewhere to give back the communal land you had all been used to using. If you feel that is what you want to do.

How much rent discount do you think you should get for this assumed communal area?

theartfullodger

Tenant26 said:

..........

I’m slightly worried that the landlord has been known to serve Section 21 notices for very silly reasons in the past .................

Thanks to Thatcher (not a fan) NO REASON AT ALL is required to serve an s21 notice.  He can do it any valid time, no reason required.

propertyrental

Does that Plan relate to the freehold of the property, or is it the leashold Plan for your specific flat?

You need to be reviewing the leasehold Plan. That s what you are paying rent to occupy. In the absence of any exclusions in your tenancy agreement, you are renting the entirety of whatever the lease and leasehold plan describes.

The landlord cannot remove from your tenancy a part of the property/land without your consent.

But yes, he could serve a S21 and provided it is valid, he could get a court possession order in about, say, 3 months. He'd then have a month or two with no rent before a new tenant was installed, plus the costs of finding and vetting hat tenant, who might or might not be a reliable tenant.....

Tenant26

MultiFuelBurner said:

Tenant26 said:

MultiFuelBurner said:

I wouldn't stir up the hornets next over this.

Because the fence has come down the LL is protecting their self against a claim should someone go onto that area and injure themselves.

The fence has now been put back up and it’s back to how it was before. I just don’t see that it’s fair we are paying the same amount of rent but now unable to use the outside area. 

Is it worth upsetting the apple cart over and then getting issued a section 21 as you have said this is how your LL reacts to things he doesn't like. It's not right but until the rent reform bill passes section 21 are a nuisance for tenants and can be used inappropriately.

You could certainly push this to the extreme and get all the tenants involved ask the landlord to store his trailer elsewhere to give back the communal land you had all been used to using. If you feel that is what you want to do.

How much rent discount do you think you should get for this assumed communal area?

I don’t want to be served a Section 21 of course, but I also don’t feel he should be able to walk over us. It’s a difficult one really. I have no idea how much of a rent discount I would expect, as I say I have no clue about this sort of thing and I don’t know what would be reasonable to suggest.