need advice on taking action on my landlord

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need advice on taking action on my landlord

Postby wishfulthinking » Wed May 02, 2012 4:43 pm

hi
i moved into a new home, rented by a local housing authority.
i have been here for 4/5 months and i recieved a letter from the landlord stating that my neighbours have a r.o.w
we have had some issues as we didnt enjoy watching people walk through our back so questioned the neighbours, all we got was "thats how its always been"
we wasn't aware of a r.o.w until recently.
is there action we can take with the landlord? demand to be re-homed? i will not make a home here, its out the question, all it has caused is stress as we feel amoungst other things that our privacy is being infringed.
i feel cheated as we based our desision to move here in good faith and information was witheld. it has taken my landlord this amount of time to actually clarify the situation, they claim that as that right has been used for many years it is deemed entrenched.
i understand i cannot stop the neighbours using their r.o.w but i cant stay here with that in place.
any advice would be a blessing......
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Re: need advice on taking action on my landlord

Postby despair » Wed May 02, 2012 8:03 pm

Many many many Council houses /housing association houses across the country have ROW attached to them

usually such houses only pay very low rents so the difficulties are more than offset by this

without knowing which area of the country your in or what rent your paying or what info was given when you were offered the tenancy i doubt we can advise
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Re: need advice on taking action on my landlord

Postby Mattylad » Wed May 02, 2012 8:09 pm

Give notice and move.
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Re: need advice on taking action on my landlord

Postby arborlad » Wed May 02, 2012 8:39 pm

despair wrote:Many many many Council houses /housing association houses across the country have ROW attached to them

usually such houses only pay very low rents so the difficulties are more than offset by this

without knowing which area of the country your in or what rent your paying or what info was given when you were offered the tenancy i doubt we can advise



'................only pay very low rents ................what rent your paying'

Are you for real :roll:
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Re: need advice on taking action on my landlord

Postby Mattylad » Wed May 02, 2012 10:45 pm

The rent paid has absolutely no bearing on the property having a ROW, even high class/expensive properties have a ROW attached to them.
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Re: need advice on taking action on my landlord

Postby juliet » Wed May 02, 2012 10:56 pm

You can submit a formal complaint, go through their processes and you can push it through to the Housing Ombudsman but I don't know what they could do about it now anyway - best you could hope for would perhaps be some financial compensation - nothing more than £500 and that would only be if it all went your way.

Another option is to move house and not sure where you live, but there is largely a massive shortage of social housing anyway so you might struggle.

Otherwise just try to get your head around it and do your best to live with it.
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Re: need advice on taking action on my landlord

Postby wishfulthinking » Wed May 02, 2012 11:07 pm

The rent we pay is a 3rd more than what we originally paid in our previous home minus a r.o.w
The gripe I have is that the r.o.w was not disclosed until 4/5 months after we moved in and was only clarified after much confusion, in these months we have been here I have treated the neighbours as trespassers and it has built resentment on both sides.
I don't want to stop the neighbours using their r.o.w they have been here for many years and seem nice people, I just know that long term this home will not be suitable so moving is the only option.
My landlord should of informed us before we moved in and have put us in a stressful situation, surely they should be accountable for this?
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Re: need advice on taking action on my landlord

Postby jencast » Thu May 03, 2012 12:33 am

Life is too short to be stressing, so move on if you can't live with the row. The landlord may not have been clear on the row and delayed til he received advise from his solicitors or seen his neighbors deeds. It took us 2 years to convince the servient property that we had a right to excercise our row, even though we let the property. Remember, ROWs go with the land, not the person.
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Re: need advice on taking action on my landlord

Postby arborlad » Thu May 03, 2012 5:45 pm

wishfulthinking wrote:.............. and information was witheld.......


Although ROW's may be documented, there is also the physical evidence. The age and layout of the properties, the presence of paths gates etc., are all indicative of a ROW.

Ignore Despair!
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Re: need advice on taking action on my landlord

Postby catapult1 » Fri May 04, 2012 7:24 am

[quote=" in these months we have been here I have treated the neighbours as trespassers and it has built resentment on both sides.
[/quote]

Then pull your finger out, go round next door with a nice bottle of wine and some chocolates and explain how you were mistaken about the row and why you thought they were trespassing etc and try to come to an amicable truce with the intention of better relations when everything has calmed down.

As it appears (that for whatever reason) you were initially in the wrong it is up to you to make the first peace moves. You might find that once the dust has settled you get on better with them.

However you might find that you have both acted with such stupidity that you cannot get on.!!! In that case one of you would be better off moving and considering your initial actions that would, in my opinion only, be you. So put your name down for a transfer now and see how long it takes you.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: need advice on taking action on my landlord

Postby wishfulthinking » Fri May 04, 2012 6:24 pm

Thank you all for your replys.
It seems there is no r.o.w on deeds or registered with the land of registry.
the neighbours have always used the garden via permission from the previous tenant.
The housing trust obviously was unaware of this until i moved in and raised the issue. They (neighbours) have lived here 33 years, and have used the rear for that amount of time, not alot we can do about this, we will move eventually, it must be a generational thing but.... we just cant grow old in a house with a r.o.w (some might be ok with that)
in the future we may end up with neighbours not as pleasant as the ones we have now.
i would just like to add that we have not done anything wrong. we were advised by the landlord that the neighbours were tresspassing, and it has only been recently that things were clarified.
There is no path, just a less obvious side gate that enters the garden next to the brick shed that is shared. I did ask to move this gate forward to stop the neighbours entering my side (ironicly) which permission was given from the landlord -ha
There clearly is no reason to move this gate now....
i will continue ignoring my natural instints and look away when someone enters my rear (no rude jokes please) and hopefully find another house to rent soon.
all the best garden law folks.....
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Re: need advice on taking action on my landlord

Postby Geometer » Fri May 04, 2012 8:12 pm

wishfulthinking wrote:the neighbours have always used the garden via permission from the previous tenant.

I think I'm right in saying (I'm sure I'll be corrected if I'm not), that if your neighbours required the permission of the previous owner to walk through your garden, then they do not have a right of way, and they now need your permission to do so.

wishfulthinking wrote:in the future we may end up with neighbours not as pleasant as the ones we have now.

Their successors will also need your permission.
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Re: need advice on taking action on my landlord

Postby wishfulthinking » Fri May 04, 2012 9:46 pm

My landlord has put in writing that they are to continue using my rear as a r.o.w
This is without my 'permission' or without my knowledge, but rightly or wrongly, I do have issues with that.
We are new tenants after all....
I don't know how I can proceed with this in regards to the HA
And I'm being told constantly to either move or grin and bear it.
The neighbours are claiming a permissive right and although I don't know much about this I was under the impression you had to have proof of 20 use without permission. They have lived here 33 years and had permission.
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Re: need advice on taking action on my landlord

Postby Geometer » Fri May 04, 2012 11:22 pm

wishfulthinking wrote:My landlord has put in writing that they are to continue using my rear as a r.o.w

Oh I see. Sorry, I misunderstood. Is there anything about it in your tenancy agreement? As a tenant myself, I'd be well p'd off if my landlord sprang something like that on me out of the blue.

You say you're renting from a Housing Association; are you working or unemployed?
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Re: need advice on taking action on my landlord

Postby wishfulthinking » Fri May 04, 2012 11:52 pm

I'm married, we both work.
Bog standard tenancy agreement, nothing mentions a r.o.w
Not been too great getting told one thing then receiving a letter claiming another!
The thing is they been here a long time and seem good neighbours but long term if we stay here we might end up with who knows walking through! So doing the 'right' thing is a bit tricky!
Plus they much older than us, they don't understand we young couples prefere to be a bit mystical, my dads generation can be neighbourly and tend not to get so worked up over privacy but it's a big deal to us, I'm trying to over look it but it's hard when your doing a censored and someone walks past the window : )
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