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Is my LL being unreasonable? Diagram attached.

(44 Posts)
Tenant17 Fri 24-Mar-17 09:34:54

Hi everyone, Name changed as this is identifying!

We live in a block of flats at the side of a very busy main road. We live at the front of the property and there's a large garden at the back, accessible via the public pavement. My DD is starting to walk and summer will soon be here and we want to use the garden as much as possible.

We have asked our LL to put a gate to make the garden more secure and to stop members of the public wandering in. I know a gate won't stop thieves but it might stop nosey buggars!

Anyway LL has point blank refused, I think he's being U. Is he? We've even offered to cover the cost of a gate!

RoganJosh Fri 24-Mar-17 09:37:25

Is the path that the gate would be on shared?

ScarletSienna Fri 24-Mar-17 09:39:43

Does your LL own all the flats and the land of the pathway?

fevers987 Fri 24-Mar-17 09:39:50

Do you mean a landlord that you privately rent from who owns just one of the flats or someone who own the whole block of flats?

Tenant17 Fri 24-Mar-17 09:40:18

Sorry forgot to add, the path is private property of the flats, it leads to the front door of 2 of the other flats. We've spoken with these neighbours, one said they were happy to have a gate there, the other would also like a gate!

Tenant17 Fri 24-Mar-17 09:40:46

He owns the whole block of flats

Tobuyornot99 Fri 24-Mar-17 09:41:50

Where does the path lead? It's possibly a right of way, so hating it off would be a no no.

PeridotPeridot Fri 24-Mar-17 09:42:24

I can't see what reason the ll would have to refuse...except you say you've 'asked the ll to'...so perhaps they don't realise you'll be paying of just don't want the hassle of arranging it which is fair enough.

Ask again if you can arrange a gate, including paying for it etc and if they refuse ask why.

NeedMoreSleepOrSugar Fri 24-Mar-17 09:42:24

Is the path public? I assume it's shared with other tenants at least - does your landlord own the land?
If it's public then it's probably a non starter. If shared and ll owns it, then maybe they'd agree to a gate if you're willing to contribute and it has just a latch, rather than a lock? (Lockable gate plus lots of people needing to use it = pita)

Lucked Fri 24-Mar-17 09:44:01

Does the landlord own all the flats?

I don't think your toddler will ever be far enough away to get to the road or alone so you just say to strangers that it is private property. If the general public are using your garden like a park you need to get evidence.

You could prop a larger baby gate over the entrance which although not secure would serve as a barrier to slow a child down.

fevers987 Fri 24-Mar-17 09:45:07

Does the landlord own the lease as well as the flats?

scottishdiem Fri 24-Mar-17 09:46:37

If you live at the front, will the fence be attached to someone else's flat (does landlord own that flat if it is?). If landlord owns all the flats, do all the residents want a gate. If landlord doesnt own all the flats, who would be responsible for the gate and getting permission from the other flat owners?

Where does the path (between garden and flats) go? How often is it used and by whom and for what? Is it access for other flats or is there only access at the front via the car park bit?

Who would be responsible for the maintenance of the gate? Who would be liable if it was left open and slammed shut on someone or trapped your childs finger in it? How quickly would you ask that it is repaired if it was kicked down by vandals or blown off in high winds. If the back property (i.e. you dont look over the garden) will the resident there want a gate slamming beside them all the time?

Etc. Its not just about putting gate up.

scottishdiem Fri 24-Mar-17 09:47:03

Some of that is a Xpost.

Tenant17 Fri 24-Mar-17 09:52:54

The path leads to a dead end at the end of the flats IYSWIM.

Tenant17 Fri 24-Mar-17 09:55:35

Amended diagram

Tenant17 Fri 24-Mar-17 09:56:44

It won't let me upload 😫

scottishdiem Fri 24-Mar-17 09:57:29

Other thoughts - what type of ground is available where the fence would be. Would the uprights be into the ground or attached to the wall of the property. Which, if done badly, can lead to damage - see also comment about vandals and wind.

I think it could be worth asking him for details as to why he doesnt want one?

Chewbecca Fri 24-Mar-17 10:00:19

Why the gate there, why not off the main road?

JigglyTuff Fri 24-Mar-17 10:01:34

Do members of the public often wander into the garden?

Are there flats upstairs? If you could get all the tenants to sign a letter saying they would like a gate (and make it clear you would pay for it) then he might agree if you tell him you will arrange to have to made.

Who will be responsible for upkeep?

Allthebestnamesareused Fri 24-Mar-17 10:10:44

Are you sure he owns the freehold too?

Will it mean the opening is too narrow to get to the bins? Can't work out where the bin store opens.

His property his choice!

thecatneuterer Fri 24-Mar-17 10:19:03

The LL is under no responsibility to do that. Particularly as there wasn't a gate there when you moved in, but even if there had been there is no obligation to do anything about outside boundaries.

However if you wanted to get the work done yourself and pay for it yourselves then I can't see why he would object.

FumBluff1 Fri 24-Mar-17 10:22:26

I don't think the LL should pay for any of it, but if you are offering to pay for it and do it then he/she is being unreasonable.

AromatAddict Fri 24-Mar-17 10:27:51

I think expecting the LL to pay for this is unreasonable. Offer to pay yourself and make sure there is no damage to property (screw holes etc) and that the whole thing is reversible is different.

JonSnowsWhore Fri 24-Mar-17 10:37:02

Depends what type of gate. A high gate that someone would have into their back garden, then what about access to the other flats front doors, postmen, deliveries, etc. A small 'front garden' type gate just to sort of make it look a bit more off limits to the public then I don't think that's unreasonable to ask for if people are wandering in

ThroughThickAndThin01 Fri 24-Mar-17 10:39:48

Nice writing op. I think you should fund the gate if it's you that wants it tbh.

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