Tenant obstructing access rights.

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81988017#Comment_81988017

Yes, it's unfair. Hopefully, the threat of an injunction will concentrate minds.

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81988041#Comment_81988041

I worked as an expert witness for many years, and I saw lots of claimants and defendants looking very anxious in court. (I was anxious in court, and I was only a witness!) I'd definitely pay money to avoid the stress of a legal case.

A very straightforward injunction would cost at least several thousand in legal fees, and even if you win you don't get all that back. (Normally, about 70%.)

So, I'm just being pragmatic. If it's going to cost me say £3000 in costs I won't get back, that's £3000 I can put towards settling the case. And, that's if I'm 100% certain I'll win.

Fortunately for the legal profession, there are lots of people who think differently and plough ahead. :)

Herzlos

https://forums.moneysavingexpert.com/discussion/comment/81988041#Comment_81988041

Sometimes it's just pragmatic to offer a small discount instead of ongoing hassle. Litigating this one could take years and cost everyone thousands, but one of the tenants may be willing to give up their expectations for £100/month or whatever.

I don't think it'll apply in this case; neither side will want to back down.

TroubledTarts

https://forums.moneysavingexpert.com/discussion/comment/81988093#Comment_81988093

Yes I get that just never had to do that ourselves as yet.

In this instance though does the tenant with instructed access realistically require a discount?

TroubledTarts

https://forums.moneysavingexpert.com/discussion/comment/81988081#Comment_81988081

Interesting, but in this instance what would you offer the middle tenant? Or indeed the end tenant as well to apese them both.

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81988100#Comment_81988100

I don't know the layout. Maybe, you could start with secure bike storage in the front garden? Maybe, negotiate occasional green waste taken through the ROW?

I actually have sympathy with the EOT tenants, who apparently have a couple of teenagers wheeling bikes through their back garden pretty frequently. Teenagers are not always the quietest or most thoughtful.

I'd definitely be looking at practical ways to sort this out.

Slinky

I don't buy the end tenant saying they didn't know about the ROW before signing the tenancy. What did they imagine the gate was for? Decoration?

TroubledTarts

https://forums.moneysavingexpert.com/discussion/comment/81988155#Comment_81988155

Surely you are not suggesting a tenant is telling fibs??

I can understand teenagers making a bit of noise and if the row is straight across the back of the end of terrace tenants say back windows and door who knows what noise they have had to put up with and at what hours.

A diagram of the layout from @silvercar would be handy.

Herzlos

https://forums.moneysavingexpert.com/discussion/comment/81988155#Comment_81988155

The way it's written it implies they've allowed access for a while and then changed it. It'd need clarifying by that'd indicate that they must have been aware of it rather than moving and being blindsided.

I don't believe many people would see a row of terraces with no path behind them and a gate between the houses and not realized that it's the only way the mid terraces can access it.

Herzlos

https://forums.moneysavingexpert.com/discussion/comment/81988095#Comment_81988095

No. The tenant who's violating the deeds should be told to either address the access issue to be evicted.

But being pragmatic, assuming the landlord wants to keep them as tenants for some reason, given they are being difficult already, then some discount to get them to "allow" the open right of way would be the easiest option.