Assured shorthold tenancy - property not as described

sweet_decline

We moved into a ground floor flat last month. We were told by the letting agent and landlord that the back garden was for our private use only.

Today the tenants in the first floor flat have told us that the garden is communal.

We are very unhappy about this situation, as our bedroom backs onto the garden and we are worried about noise levels and security. We are also concerned about the gate being left open as we have pets.

Is our tenancy still valid as we signed it under the belief that the garden is private, and the property has been misrepresented to us?

3plus1

sweet_decline wrote: »

Today the tenants in the first floor flat have told us that the garden is communal.

Have you spoken to your landlord and asked him to check the deeds?

The tenants on the first floor could well be trying it on.

clutton_2

what does it say in your tenancy agreement about the garden ?

sweet_decline

All it says in the tenancy agreement is that the garden is to be kept in a good state of repair...
We have left a message with the landlord and waiting for him to call back. I'm also planning to do a Land Registry search on the property in the morning.

sweet_decline

Landlord isn't answering our calls...
I have looked the property up with the Land Registry - and it does seem to be communal.
Do we have any comeback here (would not have paid this amount of rent for a shared garden!) or is it a case of renter beware - ie stick it out until the six-month break clause and put it down to experience?

DGJsaver

sweet_decline wrote: »

stick it out until the six-month break clause and put it down to experience?

You have my sympathies but if it`s a case of peace of mind this is the option i would take

Dan

Mrs_pbradley936

It could be that there was an informal arrangement with the people upstairs. I was involved in something similar with my mother’s property. There was an old lady who lived above my mother and they shared the garden, were friends for years etc. but when she died and a young woman moved in with a child it all went sour.
You can read about it here: http://forums.moneysavingexpert.com/showthread.html?t=256949

you might have to get it all sorted out legally for your own sanity.