Help with communal garden dispute vs LHO

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Help with communal garden dispute vs LHO

Post by Hurger33 » Sun Jul 10, 2011 10:29 pm

Hi there,

Excuse the long description below but i just need to clarify the facts so I can try to get the right answers, so please check it all out

I am currently involved in a dispute with my Local Housing association about my "communal garden".

We moved into the property 2 years ago, a ground and 1st floor 3 bed maisonette, with 2 further 1 bed flats above us. Old Victorian conversion very badly done as the noise from upstairs has driven us to despair!( sorry I digress). Access to the 2 top flats is via a main entrance on the front of the building.

We have a driveway in front of the property with our front door to the side of the house which opens to the hallway and the kitchen with a door onto the garden. the passage has a gate also giving side access to the garden.

When we moved in the garden was in a terrible state. Since then with considerable effort, time and money we have established a nice garden.

Our upstairs neighbour has been a nightmare with a noisy kid running around and jumping on the floors, playing loud music and tv till all hours and using the front garden for his dog to foul. When we moved, due to an exchange, the other couple told us he was quiet and no problem and never there. They also told us the garden was ours. it transpires that he was asked to keep away for the 1st 6 weeks. When we asked him to keep it down initially he just ignored us. Then we called noise and pollution and they warned him the first time. Since then he purposely plays it very loud for short durations, slams doors and bangs things on the floor. For nearly 2 years this has driven us to depression because the LHO have done nothing until 3 weeks ago when the new officer sent a letter about dog fouling and anti social behaviour.

We called on Friday gone to complain about the noise he was making when we were hit with the news that suddenly the 2 flats now want access to the garden as it is communal. Having dug up our secure tenancy 1984, a small hand written entry follows description about the garden stating " for communal use"

As our kitchen opens onto the garden and any access through the gate goes right past the kitchen we feel our property is not secure. Our car has been robbed twice and the gate kicked in once already, so we keep it locked. We also have a son with a disability, so if we leave it unlocked or them upstairs dont lock it he could wander out. Can they force us to leave it unsecure?

1. Is there anything we can do to partition the garden, if so what size can it be as there are 5 bedrooms in the whole property?
2. As they have to walk past our front and kitchen doors, is there anyway to install access via the back of the garden
from the back road?
3. Is it enforcable/disputable to have a communal garden( hand written in the tenancy) when the next door property has the same layout and flats but the garden is for groundfloor tenant soley?

Sorry about the length but any help is appreciated

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