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Garden dispute in shared garden

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410 views 1 replies latest reply: 23 July 2015
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Tenant

Hello,

I’m renting a property that is split into 3 flats where mine is on the ground floor. There is a garden which is plit in 2 by a fence which i have one half and upstairs have the other. The entrance to my flat is through the side passage and my door is in the walkway that leads to the 2 gardens. Along this walkway is also the door that upstairs use to enter the garden. Along this walkway there are trees and its shared space as we both have doors along it.

My tennancy agreement says I’m resonsible for maintaing shrubs and hedges which I have done in my side of the garden. But landlady telling me I have to cut back the trees in the walkway as that is my access to the flat. But upstairs also have access but just use their front door. But when using their garden they do use the pathway and therefore it can’t be solely my space? Until I cut them back landlady will not give me new contract. My dispute is A) tennancy does not mention trees, just shrubs and hedges. B) Why should it be solely me to deal with when its not just my space?

Please could someone give me advice as I’m harding it difficult to find.

Thanks

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Administrator

Hi Ciara

It sounds a little like that landlady is saying that you ‘have’ to do this because she thinks that she can bully you into doing it. If it’s not in the tenancy agreement then ask her where the obligation comes from? Everything you are required to do is in the tenancy, landlords can’t just invent things. Tenants are normally responsible for carrying out light cleaning etc but when it comes to maintaining condition this is usually down to the landlord.

It’s a difficult situation as if she carries out the threat then you won’t have anywhere to live. One option is just to stay there – if she doesn’t provide another tenancy but doesn’t give you formal notice then you simply become a periodic tenant. The other is to put the lack of maintenance of the accessway in writing – I’m not a lawyer but there is a new law about revenge evictions that came in as part of the Deregulation Bill this year. This makes make any eviction invalid where the tenant has made a complaint about housing conditions that the landlord did not respond to adequately. This provision is not valid until October but after that point it seems your landlady wouldn’t be able to get rid of you for this reason.

Alex

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