Hello, I am a solicitor with 20 years experience. I will try to help you with this.
I ma not sure what you mean by freehold lease. Do you mean you have a long lease for a particular flat and are a joint freeholder for the entire building?
As far as the use of the gardens is concerned this will be governed by the terms of the long leases of the property ( if I am right about the way the property is held). You should look at the lease to see what is said about use of the garden? Let me know what is sad and I may be able give further answers.
The lease states that the communal garden is owned in equal shares by all joint freeholders of the property and that the communal garden is to be used for recreational purposes only, I can provide a copy of the lease if necessary.
To clarify the type of ownership. As you have indicated, we have a long lease for a particular flat (flat 1) and are a joint freeholder for the entire building.
Recreational purposes probably does not include growing vegetables. I would think that if the whole garden is joint for recreational purposes, then if your tenant wants to plant things then he will need the agreement of the other leaseholders.
Irrespective of the legal rights here, if other leasholder/freeholders want to frustrate the gardening ambitions of your tenanat that will not be difficult in practical terms. What is the extent of his gardening?