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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've built a patio, decking and fence in my Garden without

Customer Question

I've built a patio, decking and fence in my Garden without the permission of the leaseholder. They have sent me the following letter from their solicitors…
lease requires you to "maintain the garden as a lawn and access path with such flower beds, trees, shrubs or hedges as the tenant may wish but so that no hedge will be permitted to exceed a height of 0.5m at any time."
The clear intention of this covenant is that the garden area should consist of nothing other than lawn, access path, flower beds, trees, shrubs or hedges unless the parties agree otherwise.
We are instructed that you are to remove all installations, structures and works, including the recently erected fence, decking and paving and restore the garden to either lawn path or low shrubs.
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Looking for advice as to what action I should take...
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.Does the lease say anything about needing permission etc?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
***********
Expert:  Ash replied 10 months ago.
Calling now. Alex
Customer: replied 10 months ago.
Hi Alex, thanks for your help on the phone… I'm feeling a bit confused still after the call. Please could you clarify how you think the statement around the garden should be interpreted? Does it mean I can't build a patio? Does it mean I can't build a decking? Does it mean I can't build a fence? I'm not sure how best to tackle this.
Expert:  Ash replied 10 months ago.
I think so yes on strict reading. But what people do with gardens have changed. Decking is now quite normal where it wasn't 10 years ago.I think you should see what they want to achieve and try and negotiate with them. Or you can refuse and see what a judge thinks.

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