Tenant obstructing access rights.

silvercar

Posting for a friend.

Two adjacent terraced houses, both tenanted, different landlords. One is an end of terrace and the mid terrace has a right of access to their own back garden, through the back garden of the end of terrace. This is written in the deeds of both properties.

Tenant of the end of terrace has started to be obstructive, trying to deny access to the tenant of the mid terrace. It has come to light that they have recently fitted a bolt to the garden gate, so the tenant can’t easily access from their own garden.

Landlord of the mid terrace (my friend) has complained to the landlord of the end of terrace, who has on a few occasions reminded the tenants that they have to allow access, but tenants continue to be obstructive, claiming they are allowed peaceful enjoyment of their property and if they had known there was a Right of Access they wouldn’t have taken the property, but they have no intention of moving. Relationship between the 2 sets of tenants is now frosty to say the least.

What can either landlord do? Landlord of EoT says they have no problem with these tenants and don’t want to evict.

flaneurs_lobster

Seems odd, don't doubt that the deeds are what they are but wouldn't a mid-terrace house tend to only have access to their garden via their own property (unless there was a common external lane)?

anselld

The Landlord of the EOT should really have reflected the access requirement in their Tenant's contract. Difficult to see how they will be able to enforce if they have not done so. In the absence of a clause in the agreement they would not have grounds to evict even if they wanted to.

molerat

https://forums.moneysavingexpert.com/discussion/comment/81983992#Comment_81983992

Quite common, I know of several where the only rear access is across other properties. My granddaughter lives in a block of 4, one of many in the roads in that area, where the access is up the side of the next door properties land. My MrsM's grandmother's house is in a block of 10 with no individual rear access.

RAS

https://forums.moneysavingexpert.com/discussion/comment/81983992#Comment_81983992

Very common here. Often there's a small yard and the gardens are actually the other side of a shared access path or road, other times the shared path runs almost immediately behind the back doors of the houses making privacy a little difficult.

TroubledTarts

What is the solution, difficult as we say to our tenants we can talk to other tenants but you have to get on with your neghbours and work it out between yourselves unless it's anti social behaviour.

Perhaps denying legal access is anti social?

I do wonder what the external access gives the middle house over what they have from the back of their property (back door I presume)

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81984076#Comment_81984076

It's the facility to take garden rubbish out without having to traipse it through the house. It means bikes can be stored in the back garden without wheeling them through the house.

The problem is that the EoT tenants are becoming more difficult and you can't just say "sort it out" if the tenant of the mid terrace wishes to exercise their rights which (a) is written in the deeds and (b) they also took the tenancy on the basis of the access.

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81984048#Comment_81984048

The right of access is behind the house, so across the patio area of the end of terrace.

Brie

https://forums.moneysavingexpert.com/discussion/comment/81984076#Comment_81984076

I used to live next to a row of terraces and the side access allowed them to get their bins out to the curb.

I was surprised the one time I saw behind the terraces at the set up. 5 houses in a row, gates either end, a pavement directly behind the houses so it was standard for the middle house residents to walk immediately outside the others kitchen window. The whole garden area had a large vegetable garden taking up the majority. Great if that's what you wanted and presumably everyone had their patch or shared or whatever. But a young family moved in and wanted a grassed bit for their children to play and as I understood it that took a bit of negotiating.

Baldytyke88

https://forums.moneysavingexpert.com/discussion/6666567/tenant-obstructing-access-rights

If both landlords are in agreement, just use the access more forcefully, the landlords are unlikely to go to court

ciderboy2009

I don't know if I'm allowed to mention it by name here but there is a forum website that specialises in Garden Law which might be useful here.

Basically, it sounds here like the neighbours are causing a willful obstruction to the right of way - a strongly worded letter from a solicitor should be enough to resolve it - do they have any legal cover with their contents insurance?