Tenant obstructing access rights.

mlz1413

I have lived in houses with this type of access but have no experience to be able to answer your question.

But, could there be a compromise to move the RoW to the end of the garden, effectively creating a path at the back that all houses in the row can use by moving the fence in approx 1m.

This means everyone has access but gardens are secure and neighbours aren't traipsing past windows.

I'm thinking of a voluntary agreement, that doesn't change the deeds, but just works for modern living

silvercar

Mid-tenant has now written a legal letter to end-tenant. As I understand it the situation has got worse because mid-tenant is improving their garden, so needing access more frequently and also has children that have reached an age where they can go out without supervision, so also use the RoW.

The RoW is directly next to the houses. It can't be moved further down the garden of the EoT due to various out buildings of both properties and in any case that would involve mid-tenant walking the length of the garden to access any path built across the back.

WIAWSNB

What form does the obstruction take?

What age are the kids?

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81986987#Comment_81986987

What is a legal letter in this case? A letter from a lawyer?

I suspect it is your friend’s duty to sort this out for them.

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81986992#Comment_81986992

A bolt positioned so it can’t be reached by leaning over the top of the gate.

Kids are mid teens.

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81987059#Comment_81987059

I would think it’s the mid landlord responsibility to sort it with the end landlord and the end landlord sort it with their tenant, but I did wonder whether it was a tenant to tenant issue. Clearly both landlords want to retain their tenants.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81987093#Comment_81987093

In which case, that is undeniably a significant obstruction!

The midtens need to evidence this beyond question, and also that they have spoke to the endten about this - do whatever; knock on the gate, go to their front door, call out for access, whatever. Have a witness, have a phone recording surreptitiously in the first instance. Have it unquestionably nailed down that (a) the RoW is blocked by this neighbour, and (b) you have shown them evidence in the deeds of the RoW, (c) you have asked them nicely to conform, and (d) they have refused. No 'discussion', no 'argument'. Let them ramble about their own 'right's' or that 'the LL didn't tell them', but bring it back to this is a RoW for which I have legal access, and you are the one restricting it, not anyone else; "Who put the lock on the gate?"

''Normal' neighbourly disputes are for the occupiers to resolve, but I'm struggling in this case whether it's tenant or LL.

Say the endten parked on the midten's allocated space, that would be for the tenants to resolve as a potential dispute. (Although proactive LLs could and should help out - they have the power.) However, if the endten produced a letter from their LL falsely claiming this space was theirs, then the LL would surely be liable?

This appears to be a bit the same - midten is currently not getting the full benefit of their tenancy. It's made complicated by misinformation by the endten's LL to their tenant. So I would suggest the onus is very much on the endten LL, and the midten LL should therefore apply pressure on them.

The only thing is... how?

Remind me, Silver - is your friend the midten or their LL? For the latter, gently suggest they need to threaten a court order against the endten tenant, with and costs.

user1977

The bolt isn't necessarily a legal issue as long as it gets unbolted when the neighbours are asked nicely (but obviously that isn't happening here).

silvercar

My friend is the landlord of the mid tenant. The mid tenant has written an LBA letter to the end tenant. The landlord of the end tenant has instructed the end tenant to remove the bolt, but this hasn’t yet been done AFAIK. I’m not sure it is for my friend (the mid tenant landlord) to engage with someone else’s tenant.

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/81987125#Comment_81987125

On each occasion that the Right of Way is exercised? Seems unreasonable.