Help protect children from gaming harms.

Take our survey

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

How to solve this without conflict?

30 replies

PeaceNotConflict · 15/07/2026 17:50

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!

OP posts:
PeaceNotConflict · 16/07/2026 19:27

Another2Cats · 16/07/2026 18:52

"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".

Because the gate is much much wider than a normal gate. I really haven't the energy to explain further. Suffice to say that legally a memorandam to pass and repass is voided once the stated purpose no longer exists. I have now been given excellent advice from some of the other posters and know exactly what to do. Thank you for your responses J!

OP posts:
ClayPotaLot · 16/07/2026 21:30

PeaceNotConflict · 16/07/2026 19:27

Because the gate is much much wider than a normal gate. I really haven't the energy to explain further. Suffice to say that legally a memorandam to pass and repass is voided once the stated purpose no longer exists. I have now been given excellent advice from some of the other posters and know exactly what to do. Thank you for your responses J!

The stated purpose still exists, though. As PP said, them having created another access point doesn’t mean they have to give up their right to use the one they already have. Unless the clause says something like “access if no other viable route exists.” I suppose.

godmum56 · 16/07/2026 23:10

ClayPotaLot · 16/07/2026 21:30

The stated purpose still exists, though. As PP said, them having created another access point doesn’t mean they have to give up their right to use the one they already have. Unless the clause says something like “access if no other viable route exists.” I suppose.

I am not sure that the easement can outlive the reason for the easement.....eg if the easement is to allow access to a building that no longer exists.

ClayPotaLot · 17/07/2026 07:04

godmum56 · 16/07/2026 23:10

I am not sure that the easement can outlive the reason for the easement.....eg if the easement is to allow access to a building that no longer exists.

?

The building does still exist.

PeaceNotConflict · 17/07/2026 17:13

godmum56 · 16/07/2026 23:10

I am not sure that the easement can outlive the reason for the easement.....eg if the easement is to allow access to a building that no longer exists.

Thank you. Exactly my point but I don't think people are able to understand.
No storage room now in existence.
New building with no storage possible at all for many reasons. Used for public classes.
When storage building was there, the only access was through garden. Now completely redesigned and because used by public obviously they had to put in a way to access without traipsing through my garden 😂

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread