How to solve this without conflict?

[PeaceNotConflict]

I have a bit of a problem. I rent a house from a charity. They are all lovely people and I know the charity needs the rental income to survive. Unfortunately they don't seem to have anyone advising them on the legal side of being landlords. I'm currently trying to sort out an ongoing issue with my garden. A fence and gate has been erected to give privacy from another building that is used by the public, which has access from the front now. The tenancy agreement originally gave access through the garden at the back of the building, for the purpose of accessing a storage area. This storage no longer exists. I'm now being told by one of the individuals connected with the charity that I cannot store anything in front of the gate. I've checked on this and it seems that the change of use voids the access clause as the purpose no longer exists. My question is how do I go about telling them that they are behaving illegally without upsetting anyone or causing more conflict? My useable garden space is half the size it was when I moved in and I should be able to use all the space I am paying for. I have already been very understanding over a separate issue that means I lose some of my garden at the end as well so I do feel this is taking the mickey. I want to solve this without legal action if possible. To complicate matters I know they won't be able to re-let the property if I just move because it doesn't have a low enough EPC rating. Help!

We might need a diagram of the gates / storage etc. what does your contract say about access to different areas?

What do you want to achieve? Do you want full use of the full garden back? or just to be able to use what you have now AND as you please ie to store stuff?

And I agree a diagram would help.

I just want to be able to use the remaining garden I have left now, as I please.
I will post a diagram!

Depends on what your tenancy agreement says about outside usage on how people can advise you

Here's the diagram.....

Contract says the whole area is part of the property. There is a right to pass and repass for the purpose of accessing the storage room. This is no longer there and the building is accessible from the front now which wasn't the case before.

I don't see a way except polite honesty. Ask where they got their information from as you have been told something different. Can you speak to someone else other than the "person who told you"? You might also want to communicate by email or letter so you have a record.
The other thing to say is. Is this a dealbreaker? I am not saying oh just let it go but its a good idea when you enter something like this to decide in your own mind how far you will be willing to take it.

So far as easements go generally, I don't think that the fact that there is an alternative access affects the easement, although the now non existence of the storage room might.

Thank you for replying. Yes this is a deal breaker. I want to be able to have space to sit outside. I think I'm just going to have to bite the bullet. The person that I was talking to basically said it was "just because" which of course is quite irritating. I just don't want them to think I'm threatening legal action, whilst at the same time I do want them to realise they are breaking the law!

"The tenancy agreement originally gave access through the garden at the back of the building, for the purpose of accessing a storage area."

I think that it will likely all depend on exactly what the tenancy agreement says, or does not say, about the access and the route of the access. Does the storage area sit on land that you rent, or is it land that they access via your land?

"...for the purpose of accessing a storage area. This storage no longer exists."

My understanding is that this does not affect things. The charity would have to specifically say that they never intended to use that area for storage ever again.

Perhaps if they had knocked the storage building down and then built a fence without any gate at all, that might possibly count. But the fact that they included a gate so that they could still access the land would likely point against that.

I think that your best bet would be to see what the tenancy agreement says and compare that with where the gate currently is.

If the gate is outside of the route previously used by the charity to access the storage then you may have a case to get them to reposition the gate so that it follows the line of the original access mentioned on the tenancy agreement.

However, if the storage was not on your land then it can be a different matter. For example, if the storage is on land that they have since sold off (and is not part of the land that you rent, but was only accessed through your rented land), then the charity will likely no longer have a right of way. However, in this situation, whoever they sold that land to may well still have a right of way over your rented land.

Thank you for this, that's helpful. The storage is now a commercial building, still owned by them but the hirers are not allowed to use the side doors except to follow the fire escape route down the side of the building away from the house. From what I can see, if the original stated purpose for access no longer exists, then they cannot access it any longer. It specifically states it is for the sole purpose of accessing a storage room. As the hirers of the building aren't allowed to go through the gate, surely I should be able to use the area in front of it? I should point out that the specific item I want to put there is on wheels and is light enough to be moved by one person. I have no intention to permanently block the gate, I literally just want to be able to use the entirety of the garden I pay for!!

the trouble with easements is that they often don't follow logic according to current circumstances! I agree though that "just because" is not an acceptable answer. Absolutely check the details of the tenancy agreement but also worth going back to the charity and asking for their SPECIFIC requirement and the reason for it in writing and if you can, talk to someone other than Mr "just because" I used to work in health as a clinician but also had a role in health and safety compliance and used to liaise with council organisations. They would tell me that "the law" required our health staff to do xyz but oddly enough when I asked for a link to the appropriate piece of legislation, the conversation took a different turn. There's no need to threaten them with "the law" at this stage but it doesn't hurt to ask them for the legal basis for their position.

If the gate is part of the fire escape route from the other building, that will probably be why you can’t put anything there. They will be v fussy about this and no matter how light or moveable your item is, nothing can block a fire escape route. Sorry.

They don't have a right to access her garden for an emergency escape route, though. Don't they need to make any emergency escape route access an area they haven't leased to someone else?

the other people had a right to walk across the garden for “access to storage” now they are walking across for “fire escape”. It would take a proper lawyer and much more info to know if that change is legal or not.

My understanding is that the fire escape route is along the path running up the left side of OP's diagram, and that she wants to put her BBQ or whatever it is on the other side (her side) of the gate.

OP, just set up your patio as you want to. If they're a charity they probably don't have the funds, time, or knowledge to pursue legal action. They shouldn't be snooping into your garden anyway! Does the gate open into your garden or out into the side passageway? Which side is its lock?

Everything is going to depend upon the exact wording of the tenancy.

"The storage is now a commercial building, still owned by them but the hirers..."

From what you say, it appears that the charity are now a landlord and are renting the storage building to tenants?

"It specifically states it is for the sole purpose of accessing a storage room."

In this case the charity will still have a need to access the storage building from time to time as a reasonable landlord in order to do any necessary checks etc.

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"...the hirers are not allowed to use the side doors except to follow the fire escape route"

I'm a little bit confused by this. Who or what is saying that? Do the side doors open directly onto your rented property?

Also, depending on how the easement in your tenancy is written then the tenants of the storage building may well have the right to use the path from the side doors (will also depend on what their tenancy agreement says as well).

Things can all get very tricky indeed.

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But I would just like to return to the title of your post for a moment. 'How to solve this without conflict?'

You mentioned:

"I'm now being told by one of the individuals connected with the charity that I cannot store anything in front of the gate"

Looking at your diagram (thank you for by the way - it really does help) I would agree. However that does not mean that you cannot use the rest of the path at all.

If the charity can still use the right of way as conveniently and practically as before then you can use the pathway yourself.

So, for example, if you had an outdoor barbecue and perhaps some chairs and a table on the patio and the barbecue was placed so as to stop the gate from opening or block the entrance then you could not do that.

In contrast, if the barbecue was not blocking the gate but was further along the path and so the charity needed to walk around your chairs and table on the patio and your barbecue further up the path then that would likely be okay.

It's not part of the fire escape, I'm not daft enough to block a fire escape!

The building is not used for storage of any kind now.

The gate opens onto my patio, and the catch (rusted shut) is also on my side.

The side doors open onto the path the other side of the gate, so any evacuation would be along the path, not through the gate!

I think I will contact the trustees and ask them to put the reason for the required access in writing, then go from there.

Thank you all!

I hope you get it sorted.

Can’t you just use it, are they checking?

It's not part of the fire escape route. The fire escape route goes down the side of the building away from my house.

Yes they are checking. The item I want yo leave in front of the gate is a wheelie bin 🤦🏽

But there is still a building there that your landlord (or anyone they decide to allow) could store things in if they wanted?

This sounds like they may just be protecting their rights. Not letting you get into a position where you think you don't have an easement over your property in case they decide they do actually want to use it again in the future.

Yes there is. However there is now an access door on the front of the building now, whereas originally it was only accessible through the garden. It's not that I mind the access, but I mind not being able to use all of the vastly reduced garden. In my head a wheelie bin is easily moved, it's not like I want to create a permanent blockage!

"However there is now an access door on the front of the building now, whereas originally it was only accessible through the garden."

This doesn't make any difference at all - at least for the charity who are the owners of the property. Just because there is a separate access to the land, it does not mean that they are required to give up their access via the land that you rent.

"In my head a wheelie bin is easily moved"

OK, so it appears that you are blocking the gate with your wheelie bin.

A typical garden gate is around 80cm wide, or perhaps a little more.

Can I suggest that you move your wheelie bin 80cm to the left or 80cm to the right? This would enable the gate to be opened.

I totally agree with you that "a wheelie bin is easily moved". So, why do you not just move it 80cm in either direction?

You would likely not need to do anything else at all and you would not be required to otherwise give up using any of your "vastly reduced garden".