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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Shed dispute

162 replies

runnerblade95 · 19/03/2022 11:55

Sorry if this is a long thread, bear with me! I’m a permanent council tenant who has recently moved into a new flat. Our communal garden is fenced off with 6 sheds facing our block which has 6 flats in it.

A tenant from another block, also fenced in on their side, is using my shed and has been using my shed for months maybe even years before I moved in. I called the council and someone from the neighbourhood team told me that they do not get involved in disputes regarding sheds and that basically it’s nothing to do with them.

They asked me are the sheds visible from where you are. I said yes and that I can see them from my window and that there are 6, presumably, for the 6 tenants that live in my block. The advisor then replied well then to me that sounds like 1 of the 6 is your shed. I advise you to put a note on the shed door stating that you’ve just moved in and that this is your shed and to give enough notice for them to move their items into their own shed. Which should be situated in their fenced off communal premises.

I followed the advisor’s advice and did this with the note on the shed, only to be met with confrontation and aggression. I did exactly what the council told me to do, to no avail.

What the other tenant did let slip is that he used to be very good friends with the previous tenant of my flat and that when they moved out, that they gave him the keys

Surely, that is not allowed?

So my question is, AIBU to be upset by this and if so, does anyone have any advice as to how I should approach this matter?

OP posts:

Kickers567 · 19/03/2022 13:22

Council flats and sheds are not as straight forward as that... my block and the neighbouring block have fewer sheds than flats. Some people have 2 sheds. I have a shed with a different number on to my door number.

rwalker · 19/03/2022 13:23

You need to find out if it's on your agreement. Wouldn't bother with notes or having a word with anyone till you find out if your right and have an entitlement to it .

lightisnotwhite · 19/03/2022 13:29

I have a shed that the developers put in as a goodwill gesture.

It forms no part of my HA tenancy agreement. Unlike my fences etc they don’t repair or renew.

This might be a similar thing. In effect it is not your shed. The only issue would be that someone is using the gardens without any right to do so. I guess you could ask you housing officer if you can remove the shed as it’s not technically anyones. Then put your own in.

ArmWrestlingWithChasNDave · 19/03/2022 13:33

It really doesn't sound like this is your shed, or that you have any right to use it. I don't know what you want to put in it, but you need to find somewhere else.

avoidthecreakystair · 19/03/2022 13:33

You need confirmation that it is your shed, which you don't seem to have at the moment. Until then, you cannot touch the other person's stuff, change locks etc.

It may be that the sheds are shared between both sets of houses, and that they have a right to enter the shared garden because of that. I live in an ex-council end terrace and it's in our deeds that our neighbours are allowed reasonable access through our garden to move their bins.

KosherDill · 19/03/2022 13:38

How frustrating for you, OP. Please keep us posted.

Xenia · 19/03/2022 13:39

namejust's advice above is the best on the thread. You need to check those things first before asserting any rights over a shed that might not be for your flat.

1forAll74 · 19/03/2022 13:41

Are the sheds all the same, as built especially for tennants, or individual sheds, bought by various people in the past.

Original poster

runnerblade95 · 19/03/2022 13:43

@Bimblybomeyelash

What makes you think that the shed is yours?

Because my neighbour who lives opposite me told me that when he moved in, the housing officer pointed out the sheds that are ours I.E belong to tenants in this block.

OP posts:

Philisophigal · 19/03/2022 13:45

This reply has been deleted

This has been withdrawn at the user's request.

Whinge · 19/03/2022 13:48

@namejustforthis

Hi housing officer here

Might not be as clear cut as it's your shed.

First you need to check if your tenancy agreement includes a shed. If it does, does it say which shed? Most won't. Normally sheds and garages etc are not part of specific properties but standalone in their own right with their own deeds.

At my work we hold deeds for all our properties for things like sheds and garages so it's fairly easy for the housing officer to check and give you a clear answer.

Therefore although it seems obvious that the 6 sheds would be for the 6 properties they are by, that may not be the case. If they aren't it's then for the council / housing association to decide who can use which ones.

Also I would be wary of you telling the other person they can't use it (if not in your tenancy) as it's not your property and you have no legal rights over it. If you do and then dispose of their items they could take legal action against you.

If you give written notice you are removing someone's items from a property which belongs to you this has to be done following the correct legal process and they need to be issued the correct paper work, called a TORT. I would go back to your landlord and ask to speak to someone else or as another poster said speak to your local councillor as they are good for things like that.

Because my neighbour who lives opposite me told me that when he moved in, the housing officer pointed out the sheds that are ours I.E belong to tenants in this block.

OP do you have anything in writing to say the shed is yours? So far it seems all you have is might be, could be, and assumptions from different people.

namejustforthis Has posted a helpful and informative post, which I have quoted so you don't miss it.

SoyaChai · 19/03/2022 13:59

Why wouldn't it be her shed? It seems completely illogical to have built 6 flats with 6 sheds outside but that the 6 sheds are for use by anyone.

The 5 other people in the block get to use the sheds but just OP does not?

So strange

SoyaChai · 19/03/2022 14:00

Are you saying she is meant to rent the shed herself if it isn't in her tenancy?

In which case, is the tenant from the other block who is currently using it paying for it? Did she buy it from the previous owner? Sounds like previous tenant just gave her the keys, so she wouldn't have rights to it either surely.

BOOTS52 · 19/03/2022 14:02

I would write a letter to the council and keep a copy stating all the facts and how they live in another area yet are accessing your garden and got the shed from their friend who used to live where you are. I would also go to citizens advise and get some support. The council need to take some responsibility and I would find out who is higher up and get the letter recorded delivery to them. I would not put the stuff out and change the locks as they could get aggressive and would cause you endless stress. The sheds are allocated to your properties and that person has a neck on him thinking because his friend gave him the key he has ownership of it. This is your shed but contact the council but get advise from citizens first. I would not deal with the person who took your shed at all. It is normal that the little sheds are allocated to the properties there and not for a person who lives around the corner. Hope you get sorted soon. When you do make sure you have it well secure and good locks on it also.

ChickenStripper · 19/03/2022 14:02

How did you get the key for it?

namejustforthis · 19/03/2022 14:03

Without meaning to sound rude op, it really doesn't matter what any other tenant says.

You need to get clarification from your landlord.

From your post it's likely they own the building (blocks) and the communal garden areas and therefore likely anything in them. If you are talking brick built sheds it's particularly likely. If you are talking wooden sheds like a standard garden shed then possibly they could belong to tenants but as they are on the landlords land those residents would have had to ask permission from housing.

Also the garden can't just be padlocked off etc without establishing who has the rights to them. The same as you can't stop someone from using something which you don't know for sure they don't have the right to use.

Also like another poster added it maybe that sheds are allocated via a waiting list and maybe in the garden of another block. There are too many what ifs.

You really to speak to your landlord again.

HappyDays40 · 19/03/2022 14:09

If its not something that the council have jurisdiction over and it is first come first served then I'm not sure there is much you can do.
Check your tenancy agreement.

Prettynails · 19/03/2022 14:14

Personally I'd change the locks and leave a note saying 'Unfortunately the previous keys to this shed -were not passed to the new tenant. As pre previous discusssions this shed belong to my flat number x in the block. Please take this matter up with the housing association and speak to x (the one you spoke to who says they don't deal in sheds)

And bin bag everything up and change the locks. Leave it all outside -they will move it quickly -

Prettynails · 19/03/2022 14:15

Forget my last post PLEASE -I didn't realise you didn't have anything in writing etc surely they are on the deeds if they belong or not?

TigerLilyTail · 19/03/2022 14:16

@ChickenStripper

How did you get the key for it?

I think the point is that the OP doesn't have a key for it. The other person has the key.

Bootothegoose · 19/03/2022 14:17

They're throwing their weight around because they want you to back down.

Print off another big sign that says - 'Private Property of Flat 1, not for communal use. Per Council advice please take this as final warning that on 27/03, I will be emptying this shed of any item that is not my own and changing the lock. Anything not removed by that day is assumed to be abandoned and will be binned.' Put it in a plastic wallet and sellotape the top shut so it can't get wet. Fasten it to the opening of the door so you can't get in without seeing it.

Follow through and bin EVERYTHING on that date. The tenant will rant and rave but at the end of the day, there's nothing to be done. They were given warning and the property is now gone. If they turn up to the door, call the police and the council - every time. Do not answer the door without filming. Once they see you won't back down, they'll give up.

namejustforthis · 19/03/2022 14:17

@SoyaChai

Are you saying she is meant to rent the shed herself if it isn't in her tenancy?

This is for the legal owner of the shed to address.

I would have expected that when the previous resident moved out they would have had to clear the shed and give the keys back to the 'shed's owner / landlord', not pass them into another person as they have no agreement with the shed's owner.

The shed owner can serve notice / remove items via legal route to 'take possession of the shed back' if this is the case.

Then it is for the owner to decide who uses and how next to use the shed.

This could be for the next tenant that moves in. They may allow them to use it for free or they may charge for it.

They may have a waiting list for people in the area wanting a shed although it may not be the closest to where they live and allocate it to them.

It's a bit like council garages. Just because there is a garage block behind your property doesn't mean it comes with your property and there are likely to be separate arrangements on how you rent one of those garages such as waiting lists and separate rental agreements.

You need to think if it like a property in itself if it isn't expressly included in the tenancy agreement as coming with the flat.

namejustforthis · 19/03/2022 14:19

@Bootothegoose

They're throwing their weight around because they want you to back down.

The council and the police will not be in support of her if she does this as she is not the legal owner of the shed.

There will be deeds which state the legal owner.

If she does this the person could take legal action against her.

Bootothegoose · 19/03/2022 14:20

We fitted a lock to our shed (I did, DH passed me tools) after there was a spate of robberies. This was the video we followed, got the locks and padlock from Amazon. It took maybe half an hour, argument included.

mrsm43s · 19/03/2022 14:22

If your shed isn't included in your tenancy agreement, then you're not renting it. Someone else is presumably renting it. I assume from what you say, that the previous tenant for your property gave up the property, but has continued to rent the shed and is allowing her friend to use it. This is dodgy in terms of the friend jumping the waiting list for the sheds, but I think it's unlikely that it's "your" shed.

Obviously if it is listed on your tenancy agreement, or you are paying for a separate rental agreement for the shed, then that is a different issue.

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