My buy to let tenants are being harrassed by downstairs neighbour - advice please

[QueenofWhatever]

I have a buy to let flat in West London that I rent to three Irish professionals in their early thirties. The flat is a purpose built maisonette and there are a couple who live downstairs with their two young children. There is a shared garden at the back.

I've known the people downstairs for ten years and we've always got on reasonably well. He is a builder and she a legal secretary and we've always been able to resolve maintenance issues etc. easily and amicably.

They now have two pre-school children, are both working and live in a small two bed flat, so life is pretty stressful for them and they are also short of money. Previous tenants have told me they row day and night and shout endless abuse at their kids.

The garden is shared at the back between the two properties and when their first child was born, they asked if they could buy my half. I said no, as many tenants choose my property because of the garden. Last spring I had my Irish tenants move in and they've been great. They contacted me a few months saying that when we reviewed the annual contract, they realised for the first time that they had equal access to the garden.

They say the people downstairs had been telling them for the last year they can't use it and it belongs to the downstairs flat. I told my tenants this wasn't true and they have started trying to use the garden. However, my neighbours are giving them all sorts of grief, blocked their access and recently the guy forced his way into their flat when he was drunk.

I had agreed verbally with him that we would fence the garden into two as other people in the street have done. All great, when I left a message to say my builder was going round, they went ballistic, saying they refuse, they will destroy it etc. and I have no right.

What would be the best option:
Put the fence up and go to the police if they cause trouble,
Get a surveyor/lawyer to confirm the boundaries in writing
Wait until they move out (they have said this December they plan to move)
Offer my tenants a discount on the rent (my tenants have suggested this)

Help! Sorry this is quite so lengthy.

send them a solicitors letter with boundries in writing.

tell them that any further agressive or intimidating behaviour will result in police involvement.

Wow! I would get the plans first so they don't have a leg to stand on, I wouldn't offer a reduction in rent because as you've pointed out tenants like a garden.

Presumably as it is a flat there is a superior lease that you as owner of the property are a leaseholder?

Can you ask the managing agent to write to the neighbours outlining this?

I would also do as Custardo has said. Solicitors letter, advising the garden is shared and that your tenants have equal rights to use it.

I really would try and get the managing agent of the block involved on this one. They hold a lot of leverage over other leaseholders, which presumably your neighbours also are.

Do the people downstairs own or rent?

If you have always been able to resolve disputes amicably in the past, would it be worth your time to meet with them personally to discuss things first before you fire off solicitor's letters?

What Custy said.

Though I gather that the whole garden is actualy a shared garden - rather than there being boundaries which show which bit is for each flat?

Solicitors letter saying that they must allow the residents of your flat full use of the garden - OR they must agree to define boundaries which divide the garden ionto two separate bits. I would sort this out NOW, before they move - or they will try and sell it with the garden as thier own and claim common law rights to it or something.

I would also tell them (via solicitor) that if they impede your tenants any more they will be liable to pay the reduction in rent for lack of garden use.

And make sure the tenants know what the solicitor has told them, and get them to write a detailed log of any harrassment or better still record it. And call the police wihout hesitation if there is abuse.

Do you own a defined half of the garden each or is the whole garden area owned by both flats?

If the later you can not put a fence up without their permission and they would be within their rights to remove it.

Do you have it in writing that they have agreed to the fence and splitting the garden into two?

You need to get a sol involved in this if you intend to split the garden so there's no issues further down the line. They may be making an issue of it if they are intending to sell saying the upstairs flat never use the garden (don't have any rights, or have waived their rights etc).

If you've been able to solve issues in the past then perhaps phone and offer to meet them to put your side across. It's worth mentioning to them that when they sell (assuming they own the flat) they will be asked if have had any disputes with the neighbours.

If you can't come to an agreement with them and have to send a solicitor's letter or if your tenants phone the police because they are being threatened then that will be a dispute. If they don't then declare it when selling in theory the buyers could sue them if they find out afterwards.

Perhaps they would tolerate the tenants using the garden if there was a compromise such as staying away from the windows for instance.

Wow, you lot are quick! I am the freeholder of both properties and they pay me ground rent of £50 a year. It's not that unusual a situation in London where there is lots of leasehold. It's not a block of flats, but a street of buildings built around 1840 by a phianthropic mill owner. They are actually built as maisonettes, not converted.

On the Land Registry deeds, the garden is not divided. I have a copy of the lease when the owner I bought off bought the lease from the original leaseholder IYSWIM. This has a rough sketch of the garden being divided in two sections with communal areas.

I am happy to put up my fence just around the section I legally own, not necessarily sharing out the common area (it's not particularly big). The problem is they have become so aggressive and irrational they refuse to accept this drawing and say I need their agreement to section off the area that clearly belongs to my property.

I know this is nonsense, but I don't want to unecessarily fan the flames. This is mainly because they have threatened to cause problems for my tenants and I live three hours away. Part of me wants to contain the situation, but part of me wants to stand up to this bullying because it won't stop.

They are also insisting that I pay decorating bills for £300+ because my plumbing allegedly leaked into their property and caused damage. My builder tried to visit their property to quote me three times, they deny this and said that they 'had' to have the work done and now I need to pay. I have no intention of doing so, funnily enough.

Right Garden first....

If they are becoming aggressive then you need to get a solicitor's letter sent to them. It needs knocking on the head NOW.

Decorating second...

That is what insurance is for. They claim on their insurance and the insurance company pursue you.

You do not, as you agree, pay for bills that have been produced when you have not had the opportunity to inspect the work.

Sounds to me as though they are turning into the neighbours from hell and the quickest way to stop that is a solicitor's letter.

They are threatening your tenants and that needs to be stopped.

I would advise the tenants also that you are taking these steps and that if there is any disturbance or threat again they call the police.

Threaten to raise their ground rent substantially if they won't agree to the garden being divided?

I don't think that would be legal scaryteacher, there are rules about ground rents.

Threatening to cause trouble to or for your tennants is even more of a reason to get a solicitor involved, imo, and state clearly what your land is, what your rights and your tenants rights are. IMO, if you do not get legal advice and legally protect your tenants right to enjoy the garden, then they would have reasonable claim to have thier rent reduced as the flat has an amenity which they are prevented from using.