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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience:  Solicitors 2 years plus PQE
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I have rented a property to live in for approx 4 years now,

Customer Question

I have rented a property to live in for approx 4 years now, the property consists of a butchers shop at front of premises, which he also rents from my/ same landlord. And I have behind butchers and all the premises above. We both share a driveway which runs the whole length of the property at the side. I have never used the drive for parking, as the butchers hours could mean me having to get up at 5am to move my car every morning. My issue is, my land lady rang and gave me approx 18 hours notice, that she had agreed with butcher that a cool unit could be put in the drive way his end. So it turned up the next day and was craned into position. Its 20 foot long and whole width of drive bar 6 inches per side ?? So where has my shared drive gone ??
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.

Alex J. : Hi. Thank you for your question and welcome. Does the shared drive way form part of the lease?
JACUSTOMER-6ati8k4p- :

Only referral in contract is, I cannot use drive way to repair motor vehicles for reward, but can repair/ service own vehicle at times. But I have a rear garden with gate into the driveway and outside tap from my kitchen wall into the driveway, which butcher has use of. Apparently.. As well as myself. Also my dustbins are in the driveway, which are now blocked in by this cooler unit. And have been told I can use his shop to get bins to front of driveway if needs be

Alex J. :

Hi, Thank you. If the drive (even shared) forms part of the lease and your quiet enjoyment of that drive way has been disturbed then the landlord is in breach of the lease.

Alex J. :

On that basis your options are:

Alex J. :

1. Negotiate with the landlord for a rent reduction (or rent freeze) on the basis that you can no longer use the drive;

Alex J. :

2. Sue the landlord for breaching the lease. This will be hard because you would need to prove your loss and it would be difficult to quantify in relation to a drive way;

Alex J. :

3.Negotiate with the other tenant to pay you for the use of the drive on the basis that you will not allow it to continue unless he does as it is a share drive.

Alex J. :

I look forward to hearing from you. Kind regards

Alex J. :

AJ

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