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?

There are two locks - the applied padlock and the lock next to the doorknob

I'm seriously invested in this thread!

Removing the lock would grant her access to the garden but wouldn't solve the issue of the neighbour having planted all over her part of the garden. That needs ti be dealt with decisively but as amicably as possible.

In that case just lop the lock off and dig up his nonsense! It's your property. What a selfish git he is! I'm sorry you're having to deal with him.

Bolt cutters will go through that. B&Q sell them.i used to work there and we were forever losing keys to padlocks and cutting them off.

I'd speak to him directly and I'd he refuses, I'd just cut it off. What's he going to do? Call the police? 'Officer, I illegally locked a fire exit to a garden I don't own and the bitch upstairs cut my padlock off.' Yeah good luck with that, mate. 😂

Apologies, I see there's another lock.

He's ignoring you. You need to get a solicitor's letter sent, I think. And then everyone needs a key to the garden.

The fire door shouldn't be locked with a key, it needs a push bar, get in touch with the fire brigade, it also needs to be a fire door. The bike is not safe in emergencies and the deeds may state no storage in the communal area, his locked door needs the locks removed, everyone has access to the garden and a key or keypad installed.,

That's not even a proper exterior door, it would be easy to break in, the garden does look quite neglected, who is responsible for the maintenance, is there a residents fund.

Not read all responses - but would one solution be to remove his lock, add your own and post keys to the new lock to all residents?

He'll probably just fit a new lock that is more difficult to remove.

The issue isn't removing the lock. Anyone can do that with the right tool.

The issue is making him understand and agree that restricting the access is not correct.

TBH I think the OP will have an uphill struggle, as anyone behaving like this is probably going to respond unreasonably, as their actions aren't exactly reasonable in the first place.

it is a communal garden, shared, as stated in the title deed. he has literally taken up the garden. the other half, to right of the pink line in picture is the other block's

Upthread you referred to your "half"...

Do you have plots or is it completely shared?

Did your tenants have access to the garden?

I think it is a semi detached block and half the garden belongs to Op’s block, half to next door. The part that belongs to OP’s block is all taken up by his allotment but should be communal for the block.

Surely it’s a fire hazard? Would the fire brigade be helpful on the non emergency line?

I mean this in the nicest way possible, but if that small square where he's got his soil is the entire garden, what do you actually want to do with it?

Don't get me wrong, I'd want access to it as a matter of principle because he's a CF, but genuinely curious what you intend to do when you get the access?

I’m reading this a little differently. For 5 years no one bothered with the garden, paid for or arranged any maintenance and was happy for this man to look after it. Now you have moved back in and just decided that you want it again. Of course you are entitled to do that, but equally I think he is entitled to be a bit pissed off that previously no one has made any provision to do any maintenance and now just want to rip out what he has been working on.

You keep referring to him as selfish- but can you not empathise just a little?

This is completely dangerous a fire door being locked like that with one keyholder. What if the sole keyholder is out, or trapped by fire? You all die. I’d put a very strongly worded letter through his door, advising him that he is breaking the law re fire door, and that you will be using the shared garden and therefore require access. Hopefully you won’t need to instruct a solicitor.

I agree with this. Guy has lived in a tenement surrounded by students for at least the past 5 years. Some tenement gardens are a complete mess, and this chap has looked after this one and no one has paid him for grass cutting - he has wanted to protect it but has gone too far with the locks.
He is being selfish not to respond to the OP, though many would say buying a buy-to-let property is also a selfish move.

he is owner, in title deed it is stairwell, roof, garden and cellar are communal, but he has sole access to last two, and has taken over the whole garden. we like to dry laundry and possibly grow some vegetables too.
excue my ignorance, what is a CF?

the area has many students, this neighbour has lived there for at least 5 years, perhaps he put on the locks as his plants were getting destroyed, so he added his own lock. students wouldnt really care about this, theres parks close by. l have the right to access our communal garden, main reason is to hang our laundry, definitely not rip out his plants, though we may want a fraction for our own plantations

Focus on the fire safety, it'll be the cheapest way to sort this quickly.

Contact the fire brigade and ask for advice and a home fire safety visit. They normally have a stern word with offending neighbours.
https://www.firescotland.gov.uk/contact-us/home-fire-safety-visits/

That fire escape without padlock can likely be opened with an FB key, probably FB1 or FB2. Ask the fire brigade to test this which one. They're fairly cheap to buy

Also follow CAB advice https://www.citizensadvice.org.uk/scotland/housing/fire-safety-s/if-youre-worried-your-home-isnt-fire-safe/

I know you've been avoiding previous posters mentioning this, but you really did fail as a landlord in not checking fire safety. Technically you don't have to give tenants access to a garden but it's a bit shit not to.

I would get a bolt cutter, remove his padlock, replace it with the exact same make and model, and watch his panic when he can’t get in.

@Turnbull2

I don’t know, I might go a bit softly, softly on this. Of course it’s selfish and not right, but he’s not using it to dump things or in a negative way.

It’s probably been an abandoned area for years, so he’s used it to grow his veg. Gardening is a passion of his, and it takes care and commitment - so I’d see this as a sign that he has a soft side.

If you just want to use for your own laundry, planting - and it’s not really going to impact what he is doing - I’d very much let him know this before going into your rights/the law/animosity. If you say you also have a shared interest in gardening, tell him you respect what he is doing - I think it might be a better way in??

No factors for your flat?
cur the padlock and remove it.
it’s a fire safety risk.

also did you not see this on viewing?

I feel a bit sorry for him too. I know technically he is in the wrong but what state would the garden be in if he hadn't bothered either.

As a landlord did you never check on the property? That seems pretty poor in 5 years.