Betfred and private garden

[OneStepOneStumble]

I live in a block of tenement flats which happen to be above a betting shop. I was sat in the garden reading and enjoying the sunshine. Now, the garden is shared amongst home owners and tenants of the building... BUT as I was sat there a hidden back door from the betting shop opened and some random men wandered into the garden for a fag. AIBU to think the letting of general public into a private garden - even if it is shared - is wrong???

Depends what the tenancy agreement says. Maybe it's meant to be shared for the whole building?

If the door opens into the garden not much they can do.

On the fence here.
I would say the employees of Betfred can have a smoke there but not their punters

I would guess employees are forbidden from smoking at the front.

nobody can tell you definitively without reading the lease, sorry.

the lease is highly unlikely to say anything about smoking. it is highly likely to have a covenant not to cause a nuisance. so if the smokers are causing a nuisance/annoyance, you might be able to use that. BUT as it's outdoor space, that wouldn't work for polite and considerate smoking. it would have to mean making a loud noise and leaving fag butts everywhere.

Yeah that's awful. I'd hate that.

When you bought / rented your flat, what did it say in the head lease about who has access to the garden?

Is there any way of sectioning it off to give you more privacy.