blocked access to communal back garden

[Turnbull2]

I have just moved into my flat in Glasgow and have a particularly unfriendly neighbour in my block of 6 flats. He has added his own additional door lock with padlock as pictured to the only door to the shared back garden of ~2000sq ft. He has used the whole garden, planting his vegetables with shallow trench beds of soil throughout the garden. It is supposed to be a shared garden, none of the other tenants care as they are students. What is the law that I could bring up and actions I can take if he continues to refuse to give me the keys to access to the shared garden?

This is a good idea - a note stuck on the back door where he will see it. If no response knock and talk to him

As an afterthought, the Fire Service were helpful when we had a problem with bikes being left propped on the stairs - they came out to inspect, and their safety advice gave us a bit of leverage.

The door to the garden is unlikely to be a fire exit?

???

Wouldn't the door to the GARDEN (so outside) VERY likely be a fire exit? I cannot follow this reasoning at all.

The fire service is a good suggestion. Then just unscrew the latch from the wall and leave it hanging there with the lock still on it (easier than cutting a padlock). You've given him opportunity to talk and he's avoided you.

The principal exit (ie the main front door) is the fire exit. There would not be a secondary alternative ground floor means of escape in most scenarios.

I can imagine groups of students bbqing and drinking - leaving a mess. I would think as you only want to garden or enjoy the garden he won’t have a issue with giving you a key.

If you don't have a factor how do you manage the building, things like common repairs etc.

Not that they're wonderful but this is something that they have their uses for.

Agree with this. Very common for flats to only have fire exits which are the entrance and the windows. OPs flat clearly doesn’t have direct access to the garden, which is how a fire exit would come into play- exiting the building to the outside.

OP I would be furious. It’s 2000 sq ft?!? He’s taking the absolute piss.

I agree with the written letter part. I would also go along the lines of asking for a key so you can gain access, starting polite. If that didn't work I would post a letter saying you will be removing the locks to gain access and as another poster mentioned just unscrewing the locks. I would make it clear you need access to the garden, it is in the deeds and you will be pursuing the matter through court order if you cannot sort it out in person.

In a fire, any exit to the outside is good! Whether it's a designated Fire Exit or not. If there was a fire in my house and someone could get out of the back door rather than the front door should they stop and not use it? 🤔

Whilst yes, any exit is good, it's only illegal to block designated fire exits. So saying it's a fire exits when it isn't won't benefit the OP in achieving their goal.

No, of course not. But posters have suggested contacting the fire service or council regarding the locked door and this is almost definitely pointless.

Just unscrew the fixings.

Speak to others in the block, agree to put on your own lock and give them keys

I can’t believe some of the responses on this thread. He is not allowed to restrict her access to the garden. I would try to remove the lock by unscrewing the fixings if he’s not contactable or responding to contact. If I can’t do that, I ld send a letter saying that the lock needs to be removed within x number of days or it will be cut off.

He cant restrict access to anyone that lives in the building. Tenant or owner. Whether he likes the way they use the garden or not. Completely unacceptable.

Surely he hasn’t managed to do all this since you bought the flat? I’d go back to your solicitor and ask what enquiries were made

I find it really weird that so many seem to think the people renting shouldn’t be allowed access to the communal garden!

Stick a notice on the door asking for a key and explaining if you can’t get hold of one you will need to call a locksmith and replace the lock.

Where did you read that?

People were asking as if it's rented then op would need to talk to her landlord

Well scrolling back this is the first one I got to but there were several along the same vein @AlanShore .

It’s communal. Saw that shit off, cheeky sod. Not his personal gardens, it’s everyone’s garden space. If he wants his own garden he can buy/rent a property with a private garden he can have to himself.

relative who stays with us, actually saw him in the garden, doing his gardening, relative politely spoke to him in a friendly tone from the window if we could plant some vegetables as well. just got his attention but he ignored.

I would check with a lawyer probably, and ask if there was an issue if I sent a note saying we will require access to the communal garden, we will be taking the lock off with bolt cutters on the weekend. We then expect to be able to do some gardening on a section of it, happy to discuss but if you don’t engage we will just select a portion.

notify all the other residents that you will be taking the lock off and they are welcome to use the garden.

I would NOT be asking for his permission , and buying into his idea that it’s his.

thanks for help. suggestions for letter through his mail box