Clause to tenancy agreement re access to a part of the garden not owned by ll

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    Clause to tenancy agreement re access to a part of the garden not owned by ll

    We are about to rent out our family home. There is an area to the bottom of the garden which is not owned by us but we, along with the rest of our neighbours, have occupied it since we have lived in the property (as advised by the local counsellors - the owner is not interested and can't be bothered with the hassle of selling it). We have a retaining wall and access the other area, which is below, by makeshift steps which are "unsafe", therefore we will remove them. We have already verbally advised the tenants they have no right of access and our insurance will not cover their use of this area, however, we feel this should be covered in the tenancy agreement. I think it just be added as a warning/reminder and we don't need to think too much about the wording, but my husband is more cautious and thinks we might need a solicitor to draw something up. Does anyone have any sound advice? Thanks in advance.

    Put a piece of fencing up to prevent access, and to stop people wandering into your garden - a security measure.


      I’d put a clause in the tenancy agreement, and put up fencing and a clear sign to state no access is allowed. Take pictures as evidence in case the sign is removed.


        Yes, we have arranged to put a fence up (actually the tenant has agreed to do it for us, to building regulations, as he's in the trade!). Good idea re sign and pictures as evidence. Thank you.


          Ps nobody can access the garden, even without the soon to be erected fence it as the bottom area is fenced all around, too.


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