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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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sir,madam i live in a rented property i have lived here my

Customer Question

sir,madam
i live in a rented property i have lived here my tenancy began in 1985 till present date. there is three properties in a row my property is the first of the three a main road runs at the front of my property and a tarmac drive runs down the side of my home and along the bottom of my garden and onwards past the other two properties gardens . this lane was tarmaced by the landlord (housing association) access from the gardens onto the lane via a gate was possible for my home and the middle home for access to our rear gardens , the last property had no access onto the lane thier access was at the side of thier home. I spoke to the landlord in 1987 and asked them if i could put gates up across the lane for security reasons and myself and the middle home could benefit from this security. They agreed on this verbally so the gates went up no problem . 27years later my landlord has merged with another housing group and they have threatened me with breaching my tenancy as i am refusing to give access to new tenants that have arrived in the third property remember they had no access onto the lane but the landlord has cut of the side access and pushed it to the bottom of thier garden after removing the bottom fence and wall the landlord says i have no rght to have done what i did and i replied that i was given permission to do what i have done . But it was a verbal agreement i know this is legal a verbal agreement but they are denying any knowledge of this agreement . Also it has caused friction between myself and the new nieghbours i dont feel i deserve this s---- this has been going on for 4 years now . can you advise please
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Why wont you give them a key?
Customer: replied 3 years ago.

give them a key for what

Expert:  UK-Justice replied 3 years ago.
You said about gates - isnt there a key to open the gates or are they fixed?
Customer: replied 3 years ago.

sorry. no the gates just close but are not locked .

Customer: replied 3 years ago.

nic, are you still there

Customer: replied 3 years ago.

The gates don't lock they just close

Expert:  UK-Justice replied 3 years ago.
Ok. So on what basis is the breach ?
Customer: replied 3 years ago.

I am breaching my tenancy by parking 4 vehicles and three trailers on the lane . 2 . I am blocking access for my nieghbours access.

Expert:  UK-Justice replied 3 years ago.
When did the landlord first become aware of the breaches?
Customer: replied 3 years ago.

2010

Expert:  UK-Justice replied 3 years ago.
But technically you have been breaching it since 1987?
Customer: replied 3 years ago.

Yes I know this but it has always been known by my landlord that I have been on this lane but new tenants moved in and said they wanted access onto the lane even although they had no access onto the

Expert:  UK-Justice replied 3 years ago.
Ok.

In theory You are in breach.

However in contract law if the landlord knows you are breaching and accepts it, it is considered to be affirming the breach.

Therefore agreeing to it.

The longer it is affirmed, the harder it is to claim breach,

As you had been doing this for many years then my view is that they have affirmed any breach,

That means they can not, after accepting a breach say you are in breach.

Therefore do not be bullied, they have accepted the breach for many years - they can't change their mind.

I hope this helps and if there is anything else I can do to help you today please let me know.


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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

can i come back to you or keep you informed as to the outcome of this case.

 

xxxx xxxx

Expert:  UK-Justice replied 3 years ago.
Of course.

Good luck with it.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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