need advice on taking action on my landlord

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Re: need advice on taking action on my landlord

Postby Geometer » Sun May 06, 2012 7:21 pm

wishfulthinking wrote: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 : )

You have my wholehearted sympathy. I totally understand your desire for privacy, and I also understand that you don't want to antagonise your new neighbours so soon after moving in. It's a tricky one, but I also think your landlord is out of order.

I'm not a legal expert, but I don't see how your neighbours can have acquired any "rights"or "easements" across your garden. Consider this: I live in a privately rented flat, in a small block on a private mews, in the town centre. I have an allocated parking space, but I don't drive, so I don't use it. I do, however, allow my friends to use it when they visit, or when they come into town to do some shopping. They have my permission to park there, but if I moved out, that permission would automatically be extinguished, and if they wanted to continue using the space, they would have to negotiate with the new tenant. They certainly wouldn't have acquired any right to use it, no matter how long-standing the arrangement.

If my friends approached my landlord for permission, he might, technically, have the right to grant it, but common sense and common courtesy both dictate that he consult the new tenant first. I've never rented from an HA, so I don't know if their rights and obligations differ from those of a private landlord, but I've read, elsewhere on this forum, something to the effect that "a tenant has the same duties, responsibilities and rights as an owner" in respect of the place he/she lives in. This must surely apply here.

wishfulthinking wrote: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.

Have your neighbours been in contact with your landlord? It all looks to me as though some jobsworth at the HA has caved in under pressure from your neighbours, and granted something he/she has no right to grant, just for the sake of a quiet life.

IMO, you have legitimate grounds for challenging the decision. Firstly, call at your local Citizen's Advice Bureau and make sure you're standing on solid legal ground, and then follow the formal complaints procedure (there must be one). Emphasise your wish for an amicable agreement.

Good luck, and let us know how you get on.
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Re: need advice on taking action on my landlord

Postby juliet » Tue May 08, 2012 7:24 pm

In terms of ROW and HA/Council properties, this has been discussed at length on a number of previous topics. Does your neighbour also rent off the same landlord? Are you in a terrace? The problem is (in my experience), is that ROW's were always based on common use and agreement, because the land was owned by the same 'person' - either the HA or the council and so formal ROW's weren't registered in the usual way. Right to Buy then started to muddy the waters and ROW's appeared to depend on what the solicitor pinned down as part of the transfer document. The ROW's with council houses are often related to the bringing of bins out.
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Re: need advice on taking action on my landlord

Postby arborlad » Wed Aug 15, 2012 6:03 pm

I think you'll get better responses if you continue your original thread where the history and facts are already there.


advice needed... prescriptive rights??

by wishfulthinking » Wed Aug 15, 2012 5:45 pm
hi all
i wrote on here a few months back in regards to our new home and neighbors.
there was much confusion with a right of way in place, with nothing on the deeds to say anything specific and nothing registered with land of registry it was down to our landlord to let us know where we stand and who goes where so to speak.
the trouble is our neighbors had pretty much the whole of our garden to themselves before we moved in and now a r.o.w has been defined they haven't been friendly with us or happy to use the pathway allowing free uninterrupted access whenever they wish. we have had threats that the new fencing will be forced to be taken down and they will make our lives a misery...ect....
letters were sent out to all neighbors concerned explaining the path remain clear at all times, the gate is to remain unlocked, we even took the bolt off that our landlord had placed on the gate just to show them there are no bad feelings on our part in regards to this.
we were told we could fence the grassed area, we did, we put a gate on that we lock, it keeps our children in, keeps them off the row, we use our garden like anyone else uses their garden, built a small summer house for the kids, built a small decked area with pergola, bbq you know generally establishing our garden and enjoying our new home.
the whole time the row has been in place no problems, our neighbors pass freely but choose not to say hello which is fine, no obstructions are in place and as neighbors i think they could have worst, we are not noisy, nosy, or difficult.
today..... i found two Representatives from our landlord snooping around my home, i asked if they were lost?? could i help them? they said they were there to look at the pathways and fencing.
i contacted my neighborhood officer who has dealt with this situation and has always been my port of call, she says my neighbors have written a letter to the head of the housing association demanding their row to be reinstated, basically they want to walk through my garden, they have lived next door for over 20 years, branded our housing officer stupid and useless, she is rightly upset as she went to great lengths to please everyone.
she has no information to give me other than someone may or may not be in contact.
we are at our wits end, we have spent so much time and money establishing our garden, we waited for everything to be in writing and clarified before putting a single plant pot in place, now i am worried we will be forced to take it all down.
no row that has been in place since we moved here has been blocked so do they stand a chance? if nothing specific was in place before we moved in can they now dictate where they want to walk? do we have any rights?
arborlad

smile...it confuses people
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Re: need advice on taking action on my landlord

Postby wishfulthinking » Wed Aug 15, 2012 8:51 pm

Ok thanks for that.
I feel that I'm on my own on this, I can't get hold of a solicitor and c.a.b have
Been useless : (
What happens if in another 8 months they decide that they have a right to use another part of my garden! They've been nothing but spiteful since the row was defined by our landlord, this has to end.... It's unfair!
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Re: need advice on taking action on my landlord

Postby Sudynim » Wed Aug 15, 2012 9:39 pm

wishfulthinking wrote:
i contacted my neighborhood officer who has dealt with this situation and has always been my port of call, she says my neighbors have written a letter to the head of the housing association demanding their row to be reinstated, basically they want to walk through my garden, they have lived next door for over 20 years, branded our housing officer stupid and useless, she is rightly upset as she went to great lengths to please everyone.


Don't wait, write to the head of the HA yourself - firmly but politely - saying that you've bent over backwards to accommodate the unwanted intrusion which the HA imposed on you. You are tired of having your peaceable family life dictated by the demands of neighbours, when no part of this alleged ROW was disclosed to you during the letting of the house. You now wish to transfer to the first available similar property on the HA's books, and you will be submitting a formal complaint to the Housing Ombudsman if you are not offered appropriate compensation for the inconvenience you have suffered.

This will give them some incentive to consider your needs and rights, not just those of your neighbours.
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Re: need advice on taking action on my landlord

Postby wishfulthinking » Thu Aug 16, 2012 9:21 am

Thankyou,
Thankyou for understanding the upset this has caused.
I will do just that!
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