Tenant obstructing access rights.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81984133#Comment_81984133

Yup - it's called https://www.gardenlaw.co.uk

This will likely be a straightforward issue for them to consider.

It may be made more complex by the fact it's tenanted, but I understand it is 'technically' between the two actual tenants to resolve, and your friend should be able to do so; the RoW seems unambiguously written in to the deeds.

However, a proactive LL should really assist, on a moral basis if now't else. The tenancy clause will almost certainly include terms including not being a nuisance to neighbours or whatever, and they could threaten eviction for a breach if they really want to; and the mere threat should be enough. This is one area where LL's have a positive element to their power and control, but often do not bother their butts to use it.

If the neighbouring tenant was misled over the existence of the RoW before they signed the rental agreement, and would genuinely have not done so had they known, then that is 100% their issue to resolve with the LL - they either move, or they suck it up. (I doubt they can claim comp, but I don't know.) But this is not for them to take out on your friend.

So, absolutely your friend should contact their own LL and tell them they are suffering 'substantial' interference (and intimidation/harassment/whatevs) from a neighbouring tenant, so don't have full access to the rights of the property they are renting. That LL 'should' contact the neighbouring LL, and inform them their tenants are breaching T&Cs and to kindly sort it. Hopefully that will be enough.

Meanwhile, your friend should record all acts of interference to their rights, and intimidation, or aggression, or unreasonableness. For instance, when they exercise their right to the RoW, say by wheeling their bike through there, they could have their camera set to record, and - if approached by the neighbour - be ready to announce to the camera summat like, "This is Mr Grumpy from No29 next door, who is blocking my legitimate access over the RoW written into both our deeds. Do you have anything to say before I continue?"

Do you visit them often? Fancy doing this dirty work for them - rock up on yer bike, wheel it through neighb's garden, and be ready to record. Build up evidence, build up a case. Once you have this watertight, your friend can take legal action if needed - again, usually just the threat is enough.

silvercar

thanks to all.

My friend is the landlord of the mid terrace, which makes it harder to deal with.

TroubledTarts

Some homework for the tenants affected

Document Everything: Take photographs, videos, and keep a log of dates/times access was blocked.

Some action for the Landlord to Landlord

Communicate Formally: Send a polite but firm letter (or email) referencing the deeds and details from the tenats asking them to adhere to the deeds and access within

See how that goes

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81984810#Comment_81984810

I missed that in your OP, but I'm now confused. Please be absolutely clear - how many houses, where does the RoW run, who owns and lives in each property?

A diagram always helps.

So, the LL of the end house has told his tenants to allow access, but they are ignoring him? That is utterly pathetic - enough to give LL's a bad name...

Almost certainly a correctly-aimed threat of eviction due to breach would sort the arris tenant.

I'm not sure now who should tackle this legally, the tenant or the LL (your friend) of the affected house. But substantial interference of a RoW should be pretty straightforward to resolve.

First, evidence.

sheramber

Why does the landlord being your friend make things difficult?

Are you one of the tenants or landlords involved?

The full picture is likely to get more accurate advice.

sheenas

remove the bolt and hide it the offending house back garden when no body is looking. That way it’s not theft and solves the problem.

jonnydeppiwish!

https://forums.moneysavingexpert.com/discussion/comment/81984161#Comment_81984161

Not sure it’s more complex just because it’s tenanted - the RoW exists regardless of who is living there.

theartfullodger

Does the tenancy agreement of the refusing tenant include the words of the deeds over access?

If not, tenant is within his rights.

The renter building and garden are his property during tenancy, not the landlords's. Even if not paying the rent

Nb which country please? (Scotland, NI.... ). ?

I've been a landlord since 2000

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81985777#Comment_81985777

That's a very interesting point; "Does the tenancy agreement of the refusing tenant include the words of the deeds over access? If not, tenant is within his rights."

Not sure the 'tenant is within his rights', as the terms of the deeds for that property are clear. Are you suggesting that the innocent-ignorance of the end tenant overrides the law?! I can't see it.

Where else could this apply? Say the deeds have a way-leave for access to a telegraph post within the property. The tenant wasn't pre-informed of this - do you think they'd get away with preventing the utility from accessing their garden? I can't see it.

The tenant may well - should have - a case against the LL in this case, tho', but I just cannot see them getting away with breaching the OP's friend's rights.

I look forward to developments! 😯

theartfullodger

Kindly explain why you think tenant knows about deed terms and has agreed to them, ideally in writing.

Can't see any court deciding tenant is so governed if he hasn't agreed. But IANAL.