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LawyerDan90
LawyerDan90, Solicitor
Category: Property Law
Satisfied Customers: 225
Experience:  Expert
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My social landlord has given a tenant the right to the front

Customer Question

My social landlord has given a tenant the right to the front garden when it was communal before. Without consultation or notification of other tenants. Can they do this?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Wetsminster
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I have already maintained the front garden. But it has now emerges that when the tenant in the basement flat was given a new tenancy after her mother died, the entire front garden was included in her tenancy. It wasn't when her mother had the tenancy. As a result, other tenants have been told they no loger have permission to use it and all plants must be removed.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It is a victorian house split into 4 flats. The tenant in question and her brother occupy two of the flats.
Submitted: 14 days ago.
Category: Property Law
Expert:  LawyerDan90 replied 14 days ago.
Good Evening, my name is ***** ***** I am a Solicitor. Thank you for your question.
Expert:  LawyerDan90 replied 14 days ago.

I would be grateful if you could confirm if it states in your tenancy agreement that the garden in question is a communal area? Kind regards

Expert:  LawyerDan90 replied 14 days ago.

Your tenancy should define your rights and responsibilities regarding the garden. You may also pay a service charge for upkeep and maintenance of the garden.

If your rights in relation to the garden are defined in your tenancy agreement it would seem unjust for your landlord to provide the other tenant exclusive rights to the garden.

I would recommend you speak to your landlord directly regarding this (if you haven't done so already) and request a formal answer in writing.

Court action can be costly so I would recommend exhausting your landlord's complaints procedure and if you remain unsatisfied requesting that the housing ombudsman investigate matters for you.

Customer: replied 14 days ago.
Hello Dan. I have been asking for a copy of my tenancy agreement for several months now as can't find the original.As far as I am aware, the front garden was always communal apart from supposedly two small areas that follow along from the steps down to the basement flat. Over the past two years has complained that my being in the front garden (planting, watering, sitting, reading' is a disturbance and that is what started it all. At first the housing manager said she could find nothing to say that apart from the small area mentioned above, was anything other than communal. However, she has now come back and said that when the tenant took over the tenancy from her mother, her tenancy was amended to include the entirety of the front garden - it's a corner plot and the garden is enormous. Could the Housing Association do this. Just award a tenant more space without consulting with or informing other tenants? Are we entitled to know the justification for this change? Can we appeal against it?
Customer: replied 14 days ago.
We have been asking sight of documents that verify the information given but we have been told we can't have it. Are social landlords obliged uner the FoIA to provide this - albeit redacted?
Customer: replied 14 days ago.
How do we go about an appeal to reverse the allocation of the space and thus the right of the other tenants (my husband and an older gentleman living on the ground floor)?
Customer: replied 14 days ago.
failing that, can we call into question our right to the quiet enjoyment of the space. It does after all, provide health and wellbeing benefits.
Customer: replied 14 days ago.
Hello Dan, are you still there? The website is showing you are online.
Customer: replied 14 days ago.
Customer: replied 13 days ago.
still waiting. I have paid my £5 fee.
Expert:  LawyerDan90 replied 12 days ago.

Your landlord should provide you a copy of your tenancy agreement as you are entitled to this. In regards ***** ***** further documents regarding your tenancy, you could make a subject access request.

Expert:  LawyerDan90 replied 12 days ago.

As stated above it really does depend on what your tenancy agreement says.  Kind regards

Expert:  LawyerDan90 replied 12 days ago.

I am happy to answer the additional questions you have raised and can offer a premium service for this. Kind regards