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?

Put your own lock on all the doors as well so that neither of you can get out without an agreement.

Please. The way the OP has been trying to communicate with this man, it's clear that she's not out for trouble. And wouldn't a reasonable person want to hear someone out rather than assuming they 'wanted to rip out' their gardening?

Also, that lock is a fire hazard and by denying access he's breaking the law. Why should she 'empathise' with that?

OP, I think one last polite factual letter about the legal issues here, and make clear that if it can't be resolved you will have to resort to the sheriff. Then follow through if he doesn't respond.

Did this not come up in surveying before you bought?

It wouldn't hurt OP's case at all if she could have a word with the local fire service and then, with their endorsement, put up a big 'fire exit' sign. If they get on board, they may even be able to recommend/order that the door be replaced by a push-bar fire door, which would massively wee on matey's chips.

However, even without this, surely it's common sense that ANY door to the outside or ANY staircase that can take you out of danger can be used as a fire escape; just because regulations may insist on a minimum official/designated escape route, that doesn't somehow prevent you from benefiting from other usable escape routes instead, if they're safe and closer.

Well isn't he delightful. 🙄

Preventing others access to the communal garden is a really shitty thing to do, and whilst it is the main issue, the immediate concern I had was the fact these doors are bolted and locked, preventing safe exit in the event of a fire.

Please involve your local fire station / local council to sort this out as soon as possible.

Good luck OP.

@Turnbull2

You really need to get some proper legal advice.

Scottish law - and in particular relating to property - is different!

Suggestions: Get a bolt cutter and cut off his lock, laminate a copy of the particulars including the 'shared access' - maybe even highlight it - and stick that on the door and through his letter box, get a copy of the council rules about fire escapes, and stick that on the door as well

Is this a fire exit route?

Would anything actually stop you from removing the padlock and changing the main lock for one of those fire-safe ones that needs a key to get IN but just needs a twist to get OUT - then post a key with a photo of the door and sign through each letterbox (including his)? Also a big red sign saying 'FIRE: escape route, to be left clear and accessible at all times'? It might not be an officially certified escape route, but how could anybody actually argue that a door to the outside IS a valid escape route?

If you wanted to, you could always contact your local paper to see if they're interested in covering your 'story' about seeking to improve safety and save lives in communal buildings - with a photo of the existing lock, padlock and lack of sign, and then one of the new safer replacement lock and sign - and urging others in similar accommodation to evaluate and work to reduce risk in their own homes. Local rags love stuff like that!

Obviously, he won't like it at all; but if he then has the audacity to change it back or add another padlock, it's crystal clear that he is deliberately desirous of ignoring and risking everybody's lives - going much further than 'just' being a garden thief.

If/when he changes it, that would give you a huge amount more ammunition to raise it with the other residents - who before now may just have ignored it - and to seek backup from the fire service or other authorities, as well as the local media!

I don't disagree; but there are plenty of Scottish MNers, some of whom are also lawyers.

Moreover, I think even those of us ordinary English folk on here are able to grasp the idea of what you can use a door for, and the concept of having a defined legal right to use a shared facility that somebody arbitrarily decides to steal for themselves!

Would your legal cover on your house insurance help write an official letter ?

This is what I would do, force an awkward petty stalemate 😂

Communal garden …. Means communal. He cannot just plant a garden and expect it to no longer be communal. If you leave a chair … anyone can use it. Leave a vegetable then anyone can stomp on it. Have kids … they can run around. Typical all would share any cost of maintenance.

Costs of lock removal can likely be charged to him, thru mgmt of the building. Not sure if you have mentioned group of owners managing and needing to contribute to any communal costs of repairs or maintenance. He likely thinks he will get sole possession.

We had similar and tenant on 1st floor used stairwell as her personal junkyard. She also refused to contribute to needed repairs (roof) and redecorating of communal areas. We went thru process and the costs of maintenance added to her mortgage (hazy on exactly how accomplished this but lawyers involved). Her junk, a significant amount, needed to be moved for decorating and rug replacement. She left most of it for the decorators to move adding to costs. We always fantasized about each week moving one of her junk to the curb - some items were huge & heavy (large garden bench. Trunk, lamps, tables, big boxes.). We ended up selling & moving and her junk was as issue for buyers. It was issue for us as well, seeing her CF free storage every day was hugely annoying. (When we bought, sellers said her stuff outside flat because she was decorating)

Exactly this

You need a lock smith and would be a couple of hundred pounds at least.

Put up your own padlock is heaps more effective.

The police won’t help it’s a civil matter. You can use your house insurance for legal assistant though and speak to your conveyancer

And have a neighbour dispute?

Just put up a lock, and when neighbour speaks to op than he will be reasonable

she hasn’t got a landlord she’s said several times she owns the flat.

Isn't there an agreement for communal spaces you all have to follow?

The land will be owned by some

Some people think the rules are not for them. Letter from lawyers … not a concern. As said, costs got added to her mortgage as had to engage a lawyer to force her to pay for repairs but she “had no money” … she was perfectly nice and friendly, invited everyone to her flat to buy “Xmas ornaments” from her business.
Always saying “no money” … everyone had money but not her. And “yes, yes I’m moving things”

As PP has said he's blocking an alternative exit in the event of a fire. Pair of bolt cutter and cut the lock...everytime. Eventually he will get the message.

Alternatively, have your own padlock ready and lay in wait. When neighbour goes to tend to his vegetables, close the door and apply your padlock.

Hi I haven’t read all responses so apologies if this has already been mentioned but if he is denying access to fire exit this is illegal - maybe get advice from the local fire safety officer at the fire station -

That would lock him in?