Does the wording in this letter to my tennant sound ok

[saltire]

Dear X

It has come to our attention that the fence which seperates our garden from those used by numbers 52,54,56,and58 X street has been taken down, leaving a large open garden, which is being used by everyone who lives there.
At no time were we asked if the fence could be removed, and we never gave permission for it to be tkaen down.
I would appreciate if you could let us know who did remove it.
yours etc Saltire

The background it this.
Our house is an upper terrace, old style terrace house made into 2 houses. Our house share the garden with numbers 60,64 and 66. For reasons unkown our share of the garden is the largest.
The houses next door, numbers 52,54,56,and 58 also have a similar set up. There is a fence which goes down the middle,which seperates the four gardens in which mine is, with the ones next door, this fence runs alongside our share of the garden.
Someone has removed the fence, removed 2 of my washing poles and put up a great big hanging basket display. All the people in all 8 houses seem to have the run of the place.
As I said int eh eltter we were never asked if we were ok with it. Also I know there is a ruling or law or somesuch that states if ground is used by people over a period of time then it becomes theirs!
We are planning on moving back there sometime in the next 18 months, and want our garden for our use

Also as he presumably removed the fence a while ago and no one complained, he has probably disposed of it thinking that it wasn't required anymore. He would argue that he cannot be expected to fund a replacement as the tenant (who he presumed to be the owner) didn't object at the time.

Freckle - WRT why he cuts the grass. From what my tennant said, he's a bit of a loner, who used to cut all the grass in every garden in teh village he used to live in.
I don't know if he is actually using the garden, although according to my tennant, there has been BBQs held out there by someone in number 56, and the woman in number 58 has her trampoline there during the summer, although my mum didn't mention it when she went round.
My tennant didn't see what the problem was. mind you she still doesn't get why I was annoyed at her authorising a tiler to go in and do £250 worth of work without telling me

I thoguht your redraft was fine. Thinking along the same lines as Freckle that he may well have assumed she was owner/occupier unless she told him otherwise which sounds unlikely. Seems an odd thing to do unless he would benefit though. Is it your boundary to maintain on the deeds ?

But Freckle, it was his responsibility to check - he could have asked. As long as the owner contacted him ASAP after first discovering this had happened, and assuming the fence hasn't been down for months and years, I am pretty sure that it is his tough luck.

No, it was the tenant's responsibility. You ask the person who lives there and they should tell you if they need to check with their landlord or not.

Saltire, there is a really good website for info on this, there is definitely a conveyancer who posts his advice for free.

It is www.gardenlaw.co.uk there are several forums you could post on, I think the fence one would be the best as it is a little more complicated with it being a shared garden.

Your tenant sounds like a joy! Fancy her thinking you needed to provide her with a lawn mower does she think you should provide her with bathroom cleaner to keep the bathroom clean???

TPL, it is not his responsibility to look further than the occupier. If the occupier does not have authority to agree to works being done, because they are not the owner, they should advise him of this. How often do tradesmen ask "Oh excuse me, but are you the owner or the tenant?". They don't.

And even if he did cut the grass in his village, where did he get the idea that it was OK to remove the fence? And if the person who OK'd doing the garden didn't take him to task over the removal of the fence, it is understandable if he then disposed of it.

Freckle I agree with you morally and common sense-ly (too tired for grammar this evening!) but I wonder about his legal position.

His legal position is as I have stated. He sought permission to do the garden (there may be an argument here that this did not include removal of the fence) and this was granted by the occupier of the property. If the occupier did not have the authority to grant this permission, they should have made this clear.

Prior to discovering the fence, how long has it been since you (or your Mum, or someone else from your family) visited the property? What I'm getting at is - how long is it possible the fence has been down? Weeks, months, a year or more?

The tenant had no authority to remove the fence, or agree for it to be removed without your consent. Is there a clause about condition of the property, or making changes to the property in your rental agreement?

Presumably you hold a security deposit from the tenant? Would think the cost of replacing/installing a replacement fence could be deducted from her deposit, as she will not be returning the property to you as it was when she leased it.

And as far as maintaining the garden - this clause has been in the rental contract since she signed it....and by signing, she agreed to the terms. IMO, she should have mentioned the issue of needing a lawnmower/gardener at the time - not after a substantial period of time has passed.