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Tenant obstructing access rights.

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Comments

  • koalakoala
    koalakoala Posts: 850 Forumite
    Eighth Anniversary 500 Posts Photogenic Name Dropper

    I think in the olden days these places were all open, no fences or gates, making it much easier

  • Section62
    Section62 Posts: 11,260 Forumite
    10,000 Posts Fifth Anniversary Name Dropper

    With respect, I understand that's been done.

    Probably, but they just need to keep doing it and let their landlord sort the problem out.

    The person asking for help by proxy here is the landlord. They sound the responsible type, so hopefully would find the advice given useful and act on it.

    If they get to the point where they are looking at a legal bill of (say) £3000 to get an injunction then that's just life and one of those expenses you expect from time to time…. like if the boiler fails and needs replacing.

    But most sensible people (the neighbouring landlord also seems fairly responsible) won't let things get to court because if there is a RoW and it is being obstructed then the neighbour would be taking a gamble that the judge isn't having a bad day and hits them with all the costs they think they can get away with without being appealed.

    The tenant's LBA might have the desired effect well before things progress that far.

    But if it doesnt, and if Silvercar's friend's tenant comes here someday complaining that their landlord hasn't ensured their right of way can be used, then we could offer them appropriate advice at the time.

  • GDB2222
    GDB2222 Posts: 27,073 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    I fear that the legal costs would be significantly higher than £3k.

    No reliance should be placed on the above! Absolutely none, do you hear?
  • Titus_Wadd
    Titus_Wadd Posts: 540 Forumite
    Sixth Anniversary 500 Posts Name Dropper

    My experience of trying to get injunctive relief was nearer £45k 😥

  • WIAWSNB
    WIAWSNB Posts: 3,288 Forumite
    1,000 Posts First Anniversary Name Dropper

    I hope it'll work out.

    My suggestions are all aimed at being as informed as possible, before starting anything.

    The two sites suggested are very specific to the issue, and contain legal 'experts' that cover both aspects - LLship and property rights. They ideally might come up with real life examples of the best tried and tested approaches.

    Now't to lose, I don't think.

  • YoungBlueEyes
    YoungBlueEyes Posts: 5,190 Forumite
    Part of the Furniture 1,000 Posts Homepage Hero Photogenic
    edited 10 May at 3:37PM

    As an interested lurker, I have a question.

    Say the eot landlord wants to kick their tenant/s out for not removing the bolt/replacing it when the landlord removes it - on what grounds would the LL evict those tenants..?

    FWIW I also think this is a landlords issue, not a tenants issue. I think the end tenants are acting the maggot. I do wonder what affect the LBA will have?

    Honesty is the best poverty.
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