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.

@Plumplumbadum how am I being aggressive never said it was my garden did I I also haven’t said that it’s my shed either 🙄. Where would you like my dogs to go to the toilet perhaps you think I should train them to use our toilet then no one has to share a “dog toilet” oh no wait no one is forcing them to share a garden with 2 dogs they are choosing to do that. You do realise that everywhere you walk is used a toilet by a dog shock horror your garden was once probably used as a “dog toilet” never said the garden was mine did I. Are you ok hun you seem to be getting angry about things that you’ve made up.

@DappledThings RTFT I have said that I’m happy to share the garden and I will speak to them about what we can do with the garden I’ve even said that I’m going to speak to the landlord about splitting the garden in half. Please read all comments before you say something I don’t like repeating myself 900 times 🙄.

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.

But in that sentence you have assumed they won't help keep it maintained and said you are not going to bother making it more useable in order to share it. So I'm standing by saying you are being really weirdly negative about it.

I agree it's shared and think you're being really reasonable about it, I'm sure it'll work out well.

Everything @crustycrab said.

Your neighbours sound lovely , you sound very unreasonable and intense.

If the garden is so overgrown, which it must be since you haven’t touched it all Spring, how do you clean up your dogs mess?

Out of curiosity what type of dogs do you have? It might be neighbourly to walk your dogs a couple of times a day and not let them pee and poo in the garden, only use it if it’s a necessity.

@Igotta thank you I’m going to speak to them and see if we can come up with a plan between us all for the garden.

@DappledThings they have moved a trampoline a bit so that they can put a plastic tablet and chairs in the garden they seem happy to sit in an overgrown garden.

@sauvignonblancplz my dogs don’t dirty all over the grass there is a raised concrete area that the dogs use so it’s very easy to pick up the dog mess. I have 2 staffie Jack Russell crosses and I’m not allowed out I have to self isiolate due to my asthma so I can’t walk my dogs we take them out in to the garden and stay out there with them. Why should my dogs only use it when necessary it’s their garden too they have been using it since we moved in and they will continue to use it.

Did you get a chance to speak to the landlord? I hope you were able to get something sorted. It must be difficult after having the run of it and now having to share. I can't imagine standing in my kitchen and looking out into the garden and people sitting in it. I know this happens with shared gardens but still difficult after having it to yourselves. Hopefully you were able to come up with a solution that suits everyone.

How is the ‘property” or “premises” or “demised premises” defined in your tenancy agreement. If it includes the garden then it’s yours. Is there a rights section in the agreement? The tenant covenants are Your obligations but I would think there would be a rights section setting out what the landlord will allow you to do.

Just wondering - if you're considering splitting the garden, are you going to put fences up to stop your dogs using their half? Also, if there is a shed in a shared garden, I would assume it's for the benefit of all garden users, so you would be unreasonable to assume that you can store your items there in order to prevent the other residents from using them.
I would speak with the other residents in the first place, not only to find out what they've been told about garden use, but to get an idea if they would be the types to pull their weight in garden maintenance. Another consideration would be whether their plans for maintaining/beautifying and types of use would be and if all of your preferences could be accommodated, with some give and take. For example, they could wish to sit and relax quietly, or they might be planning on having barbeques and parties every weekend.
Then speak with the landlord - no point speaking to him about splitting the garden etc unless you have a clear notion of what your new neighbours are like.

@Lipz yes I spoke to the landlord and the garden is going to be split between us we are going to put a fence up.

@dancingqueen1978 I will have a look through the tenancy agreement to see what it says for the landlord.

@Circe32 I don’t know what the landlord will use to split the garden but whatever it is I’ll make sure my dogs can’t get through it. I have spoken to the landlord and he’s happy to split the garden between us as for the shed I don’t know what will happen with that .

Sounds like a good result @Yousicktwistedfruit. With the shed whichever side it's on when the garden is split would have sole use, the other could then buy another(if there is space) or one of those large plastic boxes which are great to store tools and things.

@Izzabellasasperella thank you I’m glad we where able to sort it out and depending on how the garden gets split the shed would be on my side so they would either have to get something else or not have one.

Glad you came to an agreement. I hope the garden doesn't end up too small splitting it. You'll have been use to bigger, I'd personally find it hard sharing but I hope it works out. Just make sure your dogs are safe. No more nude sunbathing 😂 good luck with it all.

I see you’ve spoken to the landlord now and come to an agreement, but when you said this:

the garden was ours because the people upstairs don’t use it

That isn’t the landlord telling you it’s yours exclusively, that’s the landlord telling you it’s shared but the people upstairs don’t use it.

@Lipz I hope it doesn’t either after being use to having the sole use of a big garden but it’s fine. I will definitely make sure they don’t go on their side. Haha lol 😂 I’ll miss not being able to do my topless sunbathing any more I was getting a really good tan as well.

Make sure the landlord sorts the gates etc that when it's opened by them the dogs can't run out.