Tenant obstructing access rights.

silvercar

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

The gate was fitted with a key that both tenants hold. The tenant shouldn’t have to ask every time they want to use the gate.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81987139#Comment_81987139

The gate has a lock with keys held by both? And then the endten added the inaccesible bolt on their side?

Clearly, that's a significant - and unnecessary - obstruction. It can serve only a single purpose, to deprived the midten of access.

Has the midten asked the endten to 'open up'? And what happened?

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81987129#Comment_81987129

And what did this LBA say?

I hope they intend to follow it up? Or else doing so is daft.

Yes, this issue is almost certainly 'technically' between the two sets of tenants, the one with the right, and the one obstructing this.

Morally, the end LL has some culpability, and should really grow a pair. But, if he doesn't, I suspect it'll be hard to force them.

One way to do so is to make the endten's position untenable; get stuck into your gardening, get the teens biking 5 times a day, and shout for the gate to be opened every time.

Record it all. If the endten becomes tetchy, let them for a bit, and then shown them they are being recorded.

This is for the endten to sort with his LL.

WIAWSNB

Interesting. AI suggests your friend - the middle LL - is responsible for sorting this, as their tenant isn't enjoying the full benefits of their tenancy agreement.

I don't know if that's correct, but it does make sense.

AI must not be treated as gospel, for the simple reason it ain't. But it should be possible to cross-reference points made to arrive at the correct outcome.

I asked, "I am a tenant in a mid-terraced property, with a right of way through the end terrace garden. This has not been an issue, until new tenants moved in to the end terrace. They were not told by their landlord that there was a right of way, so they were obviously miffed when I first walked through with a wheelbarrow. The problem is, even though I have shown them the deeds with the RoW, they won't let me through and have locked the gate. What should I do?"

Gemini replied;

It sounds like a classic case of a landlord failing to manage expectations during a move-in, leaving you to deal with the fallout.

Because you are a tenant, your approach involves both interpersonal diplomacy and a bit of "landlord-to-landlord" pressure. Here is a step-by-step guide on how to handle a blocked Right of Way (RoW).

1. The Paper Trail (Immediate Step)

Since the new neighbors are "miffed" because they weren't told, they likely feel their privacy is being invaded. Even though you’ve shown them the deeds, they might view you as a "random person with a piece of paper" rather than someone exercising a legal right.

• Contact Your Landlord: This is technically their problem to solve. Your landlord has a duty to ensure you can use the property as described in your tenancy agreement.
• Request Formal Confirmation: Ask your landlord to provide a formal letter (ideally from their solicitor or on official letterhead) confirming the RoW.
• The Landlord-to-Landlord Connection: Your landlord should contact the neighbor’s landlord. If the neighbor’s landlord failed to disclose the RoW in their lease, that landlord is legally liable to their tenants for that oversight—not you.

2. Formal Written Notice

If the gate remains locked after a verbal conversation, you need to move from "friendly neighbor" to "formal tenant." Send a polite but firm letter or email to the neighbors (and copy both landlords).

What to include:

• A clear reference to the specific easement/Right of Way.
• A reminder that "interference with an easement" is a legal matter.
• A request that the lock be removed within a specific timeframe (e.g., 24 or 48 hours).
• A compromise: If security is their concern, suggest a code lock where you both have the combination, or offer to ensure the gate is always latched behind you.

3. Legal Realities: "Substantial Interference"

In legal terms, locking a gate on a Right of Way is usually considered "substantial interference."

Action, and Legal Standing:

Installing a gate - Generally allowed, provided it isn't locked or difficult to open.

Locking a gate - Usually illegal if the person with the RoW does not have a key/code.

Blocking with bins/cars - Actionable if it prevents the intended use (e.g., moving a wheelbarrow). |

4. What NOT To Do

• Do not break the lock: While it’s tempting, "self-help" (as it's known in law) can lead to claims of criminal damage or an escalation of hostilities that makes living there miserable.
• Do not stop paying rent: This is a separate legal contract. Withholding rent because of a neighbour dispute can lead to your own eviction.

5. Mediation

If the landlords aren't helping, look into Community Mediation. Many local councils offer free or low-cost mediation services for neighbour disputes. Having a neutral third party explain the law can sometimes break the "ego deadlock" that happens in these situations.

TroubledTarts

It's called quiet enjoyment

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81987096#Comment_81987096

Yes, I agree with that. And, if necessary the mid landlord needs to get an injunction, which is pretty expensive. At the moment, both sets of tenants feel hard done by. So, one set will probably need to be bribed with a rent reduction. It’s possible that is cheaper than getting an injunction!

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81987802#Comment_81987802

So the mid property landlord has the costs of an injunction, when the fault lies with the end of terrace landlord for not explaining The RoW? That doesn’t sound fair.

Herzlos

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

Presumably that'd only be the case if the deeds for the RoW required the mid terrance to ask for access.

But
(a) my understanding of RoW is that it's unconditional, and what happens if the end terrace is out?
(b) What's the point of a bolt if it's opened any time the other side ask?

Herzlos

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

Surely mid teens shouldn't have a massive problem in getting over a reasonably sized gate or undoing a bolt.
Is it padlocked?
What side are the hinges on? Can mid-terrace remove the gate entirely?

TroubledTarts

https://forums.moneysavingexpert.com/discussion/comment/81987802#Comment_81987802

I have seen you suggest a rent reduction or paying a tenant off before.

In our 20+ years of being a LL we have never had to pay off a tenant or reduce rent. Is this a new thing that tenants expect?

Is this like the no win no fee society?