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.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 : )
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.
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.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.
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.