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locked out of shared garden

Started by uzma, August 04, 2015, 07:16:16 AM

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uzma

I wonder if anyone can help. I have the leasehold to a converted house. There are two flats. The freeholder rents the flat downstairs. The tenants of the downstairs flat from me have put the latch down on the garden gate preventing me from gaining access to my bins and shared garden. Us neighbours do not get on well as I have reported them to the council for noise nuisance (a drumming studio business was opened). Anyway needless to say this is causing problems.  Do I need to get in touch with the landlord ? Or can I go ahead and put on a padlock without doing anything illegal? I will of course give a give to the tenants downstairs.

Martha

You didnt explain why you wanted to put a padlock on.  What are you planning to put a padlock on?  What is your objective ?

uzma

Hi Martha. Thank you for responding  so quickly. The reason why I would like to put a padlock on as the problem of not having access to the garden has been an on going problem for many years. The freeholder never seems to inform the tenants that the garden is shared this of course increases his chances of renting quickly. Because of this when I do go into the garden,which is very rarely as I feel like an intruder - the tenants don't like it.
Like I explained we do not have a good relationship with them - I just want to be able to get in and out of the garden when I please without being stressed about the latch being on. My bins are in the garden which means that I have to leave rubbish in the front which looks awful and gets ripped to pieces by foxes. Can I change the look independently or should I get the consent of the freeholder who just doesn't care so long as his property is paid for.

Martha

#3
Sorry for being thick, but my problem is understanding whether the "gate" you want to change the lock on is shared or just for your use.

If it is shared I would not change it without notifying the other tenants.  It helps in cases like this to try and see things from everyone else's perspective before rushing in.  For example, had you considered that the other tenants may have inferred that the garden is for their sole use because the landlord has not made things clear to them.

Also check the wording of your contract with regards to keys.  The best person to get onside here anyway would be your landlord.

uzma

Thank you again for your prompt  response!
The reason why I want to put a padlock on the front of the gate is that I have been locked out of the garden for many years on and ooff.i access the garden as you would a front door. The inside of the lock is only controlled from inside the garden. So if the tenants put the latch on which is what I suspect I cannot get access. I will ask a friend to climb over and ensure this is the case.  What course of action do I take if the latch is down? Do I go to the landlord ? I am so fed up with constant different tenants not understanding that I do have access. I would even consider taking this matter to the small claims court.
The tenants in the meantime happily use my table and clothes drier that belong to me - it's really frustrating to watch the items that I have worked for being used by the very people that have locked me out!
I have looked through my window just now and can see the latch has indeed been put down.  What is your advice? Thanking you in advance

Martha

OK, so you want to replace the latch with a locking device which can be used by either party.  This seems reasonable, but I suggest you manage expectations and clear it with the landlord and make sure the other tenant is aware first.