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?

Commenting to keep up with what happens

But mainly - get another padlock! add your own!

It would lock him outside, which is something he could potentially inflict on his fellow neighbours everytime he applies his own padlock.

No because the garden is enclosed and only he has the key. So unless they went in and hid, he would see them.

How do you think he would get out?

Do you have a key for the other lock?

Well I hadn't given too much thought to what was a tongue-in-cheek suggestion.

Nothing wrong with replacing the lock, or putting your own one on, as long as no one is trapped

She’s already in dispute bet if he got an official letter from a solicitor he would change his tune

If it is a communal garden and you are worried about others vandalising it, and it's not a fire escape, why not put your own lock on it? For security, surely two locks are better than one? You do not remove his lock....just add yours!

Are you definitely sure it's shared access to communal gardens? As in it's on the deeds etc? There wasn't a mistake by estate agent?

Fire exits - consult the local fire station.

It's a fire exit for anyone in the building, owners, tenants, visitors. No-one can lock it. I don't understand why mumsnetters are missing this simple point.

I wish OP would come back and clarify on the bin situation.

my old neighbour was a right witch and claimed she had full ownership of the cellar. (We lived on the top floor and there were 4 flats) The bullshitting went on forever, we just forever kept taking the locks off until she gave up 🤣

This is a hill I’d definitely be prepared to die on in your position. Cheeky sod. Particularly to ignore you every time you’ve tried to interact with him. My assumption is he will ignore the letter also so be prepared to put plan b into action.

It isn't just about you though is it? Everybody who lives there has a right to use the garden (presumably or their landlords do) and the right to be safe, if it's a fire door. This isn't about asking for a copy of the key, it's about saying that the status quo can't continue and making sure that the padlock comes off the door.

There is no such thing as leasehold in Scotland

I've commented since then, cheers darl

I am not a lawyer and have no experience of this situation but here's my tuppence worth. I am more concerned with safety than the garden as this situation could have a tragic outcome in the event of a fire.

I would ask Scotland Fire and Recue Service for a fire safety visit. You fill in the form online and they'll reply.

The Fire Safety (Scotland) Regulations 2006 and the Building Standards Technical Handbook 2022 outline the requirements for fire escape routes and exits.

They can be locked however the locking devices on final exit doors and escape windows should not prevent occupants from escaping. Locks should be designed to allow easy and immediate release in an emergency.

If any of the flats are HMOs these are licensed and have very clear rules. In Scotland, Houses in Multiple Occupation (HMOs) must adhere to fire safety regulations outlined in Part 3 of the Fire (Scotland) Act 2005

Fire Door Checks:

• Quarterly checks on fire doors in common areas and annual checks on fire doors at the entrances of individual tenant dwellings are necessary.

With no residents having a key to access to the fire escape (except perhaps this man) a new, approved lock should be fitted as a matter of urgency.

This blocked fire escape should be reported to the HMO licensing department (If there is an HMO for any flats). If the escape route through the main entrance was blocked by fire or debris, the residents would have no means of escape. This would be of greater concern to me than garden or cellar access.

Him locking the doors to the cellar and communal garden for sole use may not present a risk for other residents but it deprives them of the benefit of communal areas. Do your deeds refer to a drying green or specific use for the garden. What did it look like when you bought 5 years ago? Do you still have the listing or any photos? Can you look on Google maps to see historic images to see when it was altered to an allotment? Not all years are photographed but it could give a timeline.

Do you have legal cover with your insurance? If so, contact them for advice. If not, look for a lawyer specialising in property disputes and gather copies of communication/documents, deeds, photographs and arrange an initial consultation.

The lack of regard for the safety of the residents is alarming. Maintaining an escape route is essential and a legal responsibility for all landlords, not just HMO residences. The properties that are rented must meet safety standards and the students in this tenement deserve better.

Over the 5 years of letting, did your agency not do inspections or did you carry them out? These records would show when he locked the fire door and what remedial action was taken.

If all residents have the right to access the communal garden, you might be within the law to break the lock with a pair of boltcutters. I would be inclined, if having a polite word fails (which it will), to find out the legal situation. If you cannot get the authorities on your side (because they can't be bothered), go for the boltcutter option, and whack the twatty neighbour on the head with them at the same time.

Completely out of order, fire risk and not allowing others to use it. He doesn't have a leg to stand on, arse!

But as previous landlord (you rented out for 5 years), wasn’t it your duty of care to ensure your tenants had access, and also and more seriously fire exit access?

if he has block any fire access the fire service would likely come to inspect.

I just want to know how they are managing to dispose of rubbish since wheelie bins in Glasgow tenements are typically stored in the back court.

@Turnbull2 I'd be breaking that lock off and possibly take the door off too. He knows he's in the wrong hence the silence.

Put your own lock on it and leave your name and number.

If they refuse then cut or remove the lock, his actions are no doubt illegal, and is the door an exit route in case of fire?