Tenant obstructing access rights.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81991055#Comment_81991055

What bearing will an unresolved dispute over access to a Right of Way have on a property's value or saleability? Who on earth would contemplate buying either property whilst this dispute remains unresolved?

I'd have thought the lender may 'wish' to know? Or should be advised…

Pressure…pressure…pressure. Find all the ways.

user1977

There's only about a 1% chance of any mortgage account resulting in a repossession. They might want to know before they advance the loan, they're not going to invest £££s afterwards on the offchance it might reduce a shortfall later on.

Herzlos

https://forums.moneysavingexpert.com/discussion/comment/81990923#Comment_81990923

If they've lived there for 3 years where the RoW has been in use, then there's no way they can claim they don't know about it. Looking at the plan it's completely obvious that mid-tenant needs to access their garden via end garden, that's what the gate is for!

As mentioned this is presumably triggered by something else like being annoyed that kids are using their own garden.

WIAWSNB

Silvercar, has your friend posted this dilemma on both Property118 and Gardenlaw? If not, why not?

They should write out the briefest but most succinct account, so it doesn't take 10 pages of pondering. 😉

Do they have LegProt? If not, why not - which rental insurance Co did they use? Does their tenant?

Section62

https://forums.moneysavingexpert.com/discussion/comment/81992244#Comment_81992244

Silvercar, has your friend posted this dilemma on both Property118 and Gardenlaw? If not, why not?

Although a second opinion is sometimes good, TBH I'm not sure posting on a different forum is going to get a different answer to those given here.

If the RoW is lawful, and the mid-terrace tenant is using the RoW in accordance with the right granted, then the answer is fairly straightforward. The end-terrace landlord needs to have a polite but firm conversation with their tenant to explain there is a legal RoW and obstructing it will have legal consequences.

If the end-terrace tenant doesn't want to stop being silly then the end-terrace landlord needs to start the process of getting rid of their tenant and getting a new one who will better understand their obligation not to obstruct the RoW.

If the end-terrace landlord doesn't want to do this, then the mid-terrace landlord needs to consult m'learned friends (i.e. professional solicitors) to fully understand their options and potential costs to assert their right of way over the neighbour's land free from obstruction.

Ultimately it is the mid-terrace landlord (Silvercar's friend) who will lose out - either by not having free use of the RoW in future, or by the loss of a decent tenant - and therefore it is down to them to adopt a more assertive stance if the friendly approach hasn't worked.

WIAWSNB

I agree with all that, S62, but everything I read suggests 'costs', potentially significant, for the person enforcing action. Even if they win - which they undoubtedly should - they may not have all their costs covered by the other party. And if the eot party just waits until an injunction is made, and then capitulates, I doubt any costs will be landed on them.

The end LL has seemingly 'had a word', but is reluctant to force the issue in case their tenant leaves. Pathetic, yes. I agree - that's where the pressure should be applied. The tenant would be bonkers to not conceded - they could be evicted, and with a bad reference to boot.

The reason I recommended the other two sites is that they contain experts in this field, including solicitors. Property118 is a LL forum with many legal Qs regarding enforcing AST terms, and Gardenlaw has a whole forum to do with boundaries and RoWs, and contains at least one solicitor as a major contributor.

Surely worth a gander for some potentially clever insights and ways forward?

user1977

There are solicitors and similarly knowledgeable people who have already contributed here, I don't think there's much to add.

WIAWSNB

Cool.

So what should the tenant of the mid terraced house do?

Section62

https://forums.moneysavingexpert.com/discussion/comment/81992588#Comment_81992588

Behave sensibly, don't do anything provocative, offer to support their landlord in getting the situation resolved.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81992604#Comment_81992604

With respect, I understand that's been done.

What next? When the EOT LL says, "I've tried - it's nothing to do with me now.", and Silverman's friend says, "Ok, injunction time. What? £3k!?"