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JGM, Solicitor
Category: Law
Satisfied Customers: 12189
Experience:  30 years as a practising solicitor.
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I would like to ask a question regarding a tennants rights.

Customer Question

I would like to ask a question regarding a tennants rights. I am a home owner in a eight appartment block with a communal rear garden. There are 3 home owners living in the appartment block and remaining apartments are rented out by their owners. Recently one of the tennants informed us by a note through our letter box that they were going to hold a birthday party and that there would be some noise.This was fine however what they did not mention was the fact that this birthday party was to be held in the communal garden with an erected 50 ft x 20 ft marquee, outside disco unit and approx 100 guests.The party started at 1.00pm and continued until about 11.00pm in the garden. The next morning revealed that the lawn had turn into a mud bath and some damage to plant boarders not to mention scotched grass areas where portable bbc had been place.
Can you advise whether the tennant has a right to do this or does the person require permission from those who actually own the communal garden to hold such a large party.What does the law say ?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

It's not just what the law says, it's what the person's lease says as well. The lease may or may extend the tenancy of the flat to the common garden area. However what the lease will say is that the tenant isn't allowed to cause mess or damage and the owner would have the right to claim the cost of remedial works from the tenant.

The tenant will also on terms of the lease have to observe the title conditions and also not do anything which could constitute a nuisance to fellow residents.

Whether permission ought to have been asked for in the first instance will also depend on the terms of the lease and on the titles in respect of any restrictions on use by and owner or his tenants or assignees.

Putting all that to one side, if it was me I would speaking to the tenant and asking for proposals to reinstate the damage caused or permitted by this tenant. This would quite simply be on the basis of common law nuisance as between neighbours.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

One more query.


Whilst during this party I had concerns that damage to property was taking place, rowdy behaviour taking place or obvious use of illegal drugs were being taken, would I be within my rights to document this evidence by taking non covert pictures of the events in our communal garden from within my property?


Thank you.

Expert:  JGM replied 3 years ago.
Yes, there is nothing to stop you.