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ownership is not stated in lease but garden is not included in common areas. has been used exclusively by her and previous tenant. Now neighbour above her is claiming its common area and that he have been using it as such. does the fact she has used it for 5+ years not allow her to have some form of implied right of usage?
Building is 3 stories. Come in front door, down corridor then up stairs. On the first floor landing there is a window which opens on the garden area, my daughters front door is on first floor landing. Stairs lead to two other flats. To access the garden you have to climb through the window - not easy as bottom of the window is 3 feet from floor - there is no other access to the area. The "garden" area is the roof of the ground floor shop. The owners of the shop have no issue with her using it. She has doors in her kitchen that opens on to the area. There is only wall to one side and the other has the window from the 1st floor stairs. There is a final wall - about 3ft - that defines the area. Anyone standing on the area can see in to her bathroom (thru its window) and kitchen (two glass doors).
that's the nub of the problem. He is abusive and rude, has made threatening remarks and has on occasion enter my daughters property without permission. Hence my concern for him having access to area. I will check to see if the shop or the freeholder actually owns the space and see if she can get exclusive use. Thanks for your help.