AIBU about this.

[Yousicktwistedfruit]

When my DH and I moved in to our flat 6 months ago we told by the landlord that the garden wasn’t shared we could have the run of it because the people upstairs didn’t use it. We live in a house that has been converted in to 2 flats we are in the ground floor flat and have a back door which is the only access to the garden other than the back gate. There are now new people upstairs they said the other day that new back gates where being put on which is fine by me because it means that my 2 dogs will be able to be left in the garden without the risk of them getting out we went out there today and the people upstairs have put a table and chairs in the garden. As far as I’m aware that garden is only for me and my husband no one has told us any different. I will be putting a lock on the new gate when they are installed because I don’t want my dogs being let out of the garden by anyone we live on a main road. Where do I stand on this I haven’t said anything to the upstairs neighbours. Should I just go back to the landlord and ask if it’s now a shared garden. I don’t feel comfortable doing the garden up and putting our own stuff out there if the people upstairs are going to use the garden as well.

what does it say in your tenancy agreement?
That will tell you whether it's a private or communal garden.

we had the use of the garden because the people upstairs didn’t use it
it’s shared and at the time the people upstairs didn’t use it.

Im going to be honest - I don't see how the 2 thing are different? He said you had the run of it because the tenant upstairs didn't use it - not that they had no right to use it.

I think it sounds like the landlord meant the other tenant chose not use the garden so you would exclusive access but now there’s new tenants it sounds like that may change. But as others have said, check your agreement or have chat with the estate agents/landlord.

All the tenancy agreements says is under tenant’s convents to keep the garden fully stocked and maintained and in a neat and tidy condition and to keep boundary fences of the property in a good and tenantable state of repair at all time. The only other thing is says about the is that we need the landlords consent to lop or fell any trees. Shrubs or bushes situated within in the property.

Don’t use it isn’t the same as can’t use it
You need to check the proper legal position with your LL and go from there

If he's misled you into believing you had the garden to yourself and he now wants you to share it, you could ask for a reduction in rent to compensate you for this (but you would have to prove that he had said this).

That is meant to say tenants convenants.

Thank you @DoesJeffKnow all I know is that when I asked if it was shared he said we had the use of the because upstairs didn’t use it which didn’t really answer my question about whether it was shared or not but it seems like it is shared but he should’ve told us that when we where viewing the flat. I will have to speak to the people upstairs and see what they have been told.

Seems very straightforward to me? The garden is shared but your LL said you had the run of it BECAUSE the upstairs flat doesn't use it. Therefore, once upstairs DOES want to use it, it then becomes a shared space. That's how I'd read it anyway!

If it is shared you want to make sure you're not the only tenant maintaining it, unless this is done by the landlord

I would read that the same as Gentleman Jack.

How was it advertised? Did it say exclusive used of garden?

I would have taken them saying that you would have it for yourself as upstairs neighbour isn't using it as it not being exclusive but that you wouldn't be disturbed as long as that tenant remained.

If it's shared you can't be letting dogs use it.

@G3entlemanjack thank you that does seem to be what he meant I accept that it’s shared but when I asked if it was shared the landlord should’ve just said yes.

@UnfinishedSymphon that’s my thinking too I’m not going to mow the grass and make it more useable than it is now just for them to use it and not help to keep it maintained. I will also be locking away our stuff so that it can’t be used by the people upstairs. There is a shed out there that I will use to keep all of our stuff in.

@afterschool of course she can as long as she cleans up after them.

@AfterSchoolWorry the dogs will be using it but we will be out there with them so that there is no risk of the upstairs neighbours opening the gate and letting the dogs out.

To me the landlord confirmed it was indeed shared but you would have the run of it because the upstairs tenant doesn't use it.

Now it is new tenants they may want to.

I think you misunderstood him rather than he was shady.

@dontdisturbmenow there was no mention of the garden in the advert it was only when we viewed the flat that we knew about the garden and asked about it.

I do think he meant it was shared from the off, but you would have most use because the other tenants didn't use it. I have to agree

@SeasonFinale possibly I’m happy to share the garden with them but I’m not going to do it up and get it looking better than it does now just for them to use it and not help to keep it maintained I will also be storing all of our stuff in the shed because I don’t want them using our things.

A lawn where dogs foul can't be cleaned up properly. Loose stool can't be cleaned up! There's chairs and a table there OP said! How can anyone relax there beside a dog toilet. 🤮🤮🤮

The people upstairs said they were putting a new back gate on and they've also put garden furniture out but you won't be doing anything to improve it because they won't pull their weight?

You'll lock your things in a box so they can't enjoy it and you'll let your dogs roam unsupervised in a shared space after locking the new gate?

The landlord told you that it was a shared garden but that the previous tenant upstairs didn't use it. I'm not sure how you thought anything else.

YABU. Your poor neighbours

It’s a shared garden, tenants upstairs didn’t use it when you viewed. Upstairs tenants moved out. New tenants move in, and they do use the shared garden. Clarify with your landlord. If shred you have to lump it. You can not be locking gates if they have a right to use the garden.

Surely they have access to the shed too?

I think It's clear from what the landlord said that it is a shared garden the previous tenant chose not to use. The new tenants do chose to use it, just like you.