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Does it say the garden is communal or just that the tenant has right of access etc please?
The lease for my property states that the Lessee is to maintain the garden area. There is no definition of garden area. Further rights of way over the freeholder's land is granted on foot or with bicycles such as the Lessee may require and reserved in similar terms for the upstairs tenant over the green land at the rear of my property. There is no mention of the word communal
Ok - this means they can walk over and have a right to pass and repass the land.
They can't have BBQ
This is because if it is not a communal garden then they can only pass over it
Therefore although you need to maintain it, which is a normal clause, no one else has a right to have BBQ or parties on it etc, only you do
It just allows the tenant to have a right to pass and repass on that land, including allowing to clean windows (I assume put up a ladder) and then have a washing line
These are quite normal clauses
Can I clarify anything for you about this today please?
Does this insistance by the housing association that the land is communal overrule the terms of my lease?
No. It must be in your lease to be bound by it
They can't amend the lease without permission
You are brilliant!!! Thankyou
Can I clarify anything else for you please?
Many thanks - no wonder there has been nothing in writing to me.
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