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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2451
Experience:  Over 5 years in practice.
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I have lived at my present address for 27 years and maintained

Customer Question

I have lived at my present address for 27 years and maintained the gardens front and back. I am a protected tenant. I have a shed in the back garden with gardening equipment in it.
My new landlord since 2007 has sold off half the back garden. The new leaseholder has put a fence down the middle and sealed off access to the half of the garden with my shed. That part is now going wild.
My landlord has sent me two solicitor's letters telling me that the shed is his, he is going to clear it out (despite there being no way in) and charge me, and I never maintained the garden, despite the evidence of his own eyes.
I believe I have acquired the right to continued enjoyment of the garden but I have no money to fight a long case. I am also at a loss as to how to retrieve my belongings in the shed.
Submitted: 4 years ago.
Category: Property Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Do you have a written tenancy agreement please?

Josh-2010 :

Could you kindly clarify prior to selling off of half the garden did you maintain and have use of the whole garden? i.e. has you use and enjoyment of the garden halved since the sell off or did you never maintain that part?

JACUSTOMER-5bnk7ua5- :

Dear Josh-2010,
Thanks for your reply.

There is no written tenancy agreement.
The whole garden has been maintained by me up until early Spring this
year. At the moment, there is no real access to the half of the garden
which still belongs to the house (or my landlord) because it means
having to climb over a fence with no gate about 5 feet high and crossing
the new tenant's picture window (which is embarrassing for both of us).
At the moment, the half of the garden which belongs to my landlord is
sealed off from the world and going wild. It is that half that has my
shed in and now I have received two solicitor's letters on behalf of my
landlord telling me that he intends to empty the shed, that I have no
permission to use it and it belongs to him.
I have written to my old landlord who gave me the use of the shed to
ask him if he will confirm both that I used the shed for gardening
equipment, maintained the garden and that access to the garden was taken
for granted.

I hope that helps.

The issue has become complicated by my current landlord's lying.

Josh-2010 :

Thanks. Has the old landlord replied please or alternatively do you have any other evidence that you previously had use of the garden - e.g. photos?