Communial Garden.

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    #31
    How can we be asking her to help with the garden for our benefit? We are asking her to share the responsibility. We do not have to maintain the garden at all, but we do not think that would be fair to leave it all to her. I do not understand what part of fair you do not get? Since my Original post she has been using the garden, and having friends over to share the garden. Which is what she is entitled to do, but without the council sending her a letter she would not have done anything in the garden. The council came down and looked at the garden and said that she needs to chop all the shrubs back as some are growing as tall as our varanda, and soon the other shrub would have blocked view from my living room window. The council also said that she is blocking the access for workman, window cleaners. My window cleaner did say to me that soon he will not be able to access the garden because of the over grown bushes, and many roses, thorns etc. Needless to say, my husband chopped all of the shrubs back, it took him 2 days to do. He also cut the grass again. This is when she started to use the garden. Strange that... Doing the garden was not just a case so that we can sit in it, but also for workmen and my window cleaner to be able to access to clean my windows. I did have a word with her about throwing all of her ciggy butts on the grass, as it is not fair when my hubby worked so hard to make it nice and accessible.

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      #32
      Originally posted by derry61 View Post
      How can we be asking her to help with the garden for our benefit?
      Because you want the garden to be maintained the way that YOU consider to be the way that it should be maintained.
      You say that you don't have to maintain the garden, which may well be true, but you have also previously said:
      "I do not want to sit out in the garden with thigh high grass."
      and now:
      "...and soon the other shrub would have blocked view from my living room window. The council also said that she is blocking the access for workman, window cleaners. My window cleaner did say to me that soon he will not be able to access the garden because of the over grown bushes, and many roses, thorns etc."
      So you do want the garden maintained for your benefit.

      I'm not suggesting that some of the benefits that you want aren't reasonable, particularly the benefit of having proper access available for workmen, including your window cleaner, but if the garden is demised to the other leaseholder it is up to them to decide how regularly they do any work on the garden, not you.

      As has already been said, all that you are likely to achieve here is to create a very poor relationship between the tenant and you and your husband.



      Originally posted by derry61 View Post
      Needless to say, my husband chopped all of the shrubs back, it took him 2 days to do. He also cut the grass again. This is when she started to use the garden. Strange that... Doing the garden was not just a case so that we can sit in it, but also for workmen and my window cleaner to be able to access to clean my windows. I did have a word with her about throwing all of her ciggy butts on the grass, as it is not fair when my hubby worked so hard to make it nice and accessible.
      What's "fair" is what seems to be the issue here. You want the garden maintained to the standard that you want (the cigarette butts being a perfect example), but you want her to at least share the work.
      That would be a fair arrangement, but there is no reason why the tenant should agree to it. If your husband chooses to do the work required to maintain her garden (because that's what it sound like it is - her garden, but with you having limited rights of use), he can do so unless she objects to this.It's her garden though, so she is fully entitled to enjoy the benefits and use the garden after any work has been done. Your husband isn't doing the work for her benefit though, if he was you wouldn't be aggrieved at her benefitting from his work. he is maintaining the garden because you and him benefit from the garden being maintained and the tenant isn't doing any gardening work.

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