has my Right to peaceful occupation been compromised?

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    has my Right to peaceful occupation been compromised?

    My LL employs a gardner to come and mow the lawns to the 4 flats in this block every 2 weeks. Very commendable and no problem with that per se.

    I've noticed though (I haven't noticed it before because I've been in hospital most of the time) that the gardener comes round when he feels like it - certainly not on the same day of the week.

    Now that summer is here (or was that my imgination? ) this has become a problem as I enjoy sunbathing - in swimwear - and enjoying the back garden whenever I can and although I'm moving, I will be here till at least mid August.

    On the lat two occasions the gardener has just turned up standing quietly behind me before announcing himself (don't know how long for) and then proceeded to mow the lawn, never once asking if it was convenient for me - needless to say, it was quite embarassing and I had to go indoors. The nearest analogy I can think of is if the LL let hmself in the flat and I was coming out of the shower ...

    Am I being reasonable to ask the LL/his agent to ensure that the gardener either sticks to the same day/time each fortnight (so I know he's coming) or gives advance notice if it's going to be any different.
    Last edited by pippay; 23-06-2006, 12:21 PM. Reason: typo
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    #2
    Presumably the agreement to do this maintenance is written within the agreement. But whatever, do you really think it is incumbent on the landlord to sort out between 4 tenants a day and time which suits all of them?

    If you are embarassed because of being seen in a swimsuit, then join the hundreds of thousands of people who feel the same. Either don't sunbathe on this grass which is not yours exclusively, or put up with the fact that you might be "caught out" occasionally.

    So far as I can see, the landlords is not breaking any laws or your right to peaceful enjoyment because he is not entering your living space - he is entering a communal area (and by landlord, I mean him/her personally or his agents and servants). Grass cutting has to be done when it can (i.e. when not raining heavily etc.)

    My answer would be totally in your favour if the gardener was entering a garden to which you had exclusive rights - but in this case he is not!

    Comment


      #3
      You have wrongly assumed that it is a communal garden - it isn't. It is mine exclusively - all the flats have their own garden !

      Originally posted by davidjohnbutton
      Presumably the agreement to do this maintenance is written within the agreement. But whatever, do you really think it is incumbent on the landlord to sort out between 4 tenants a day and time which suits all of them?

      If you are embarassed because of being seen in a swimsuit, then join the hundreds of thousands of people who feel the same. Either don't sunbathe on this grass which is not yours exclusively, or put up with the fact that you might be "caught out" occasionally.

      So far as I can see, the landlords is not breaking any laws or your right to peaceful enjoyment because he is not entering your living space - he is entering a communal area (and by landlord, I mean him/her personally or his agents and servants). Grass cutting has to be done when it can (i.e. when not raining heavily etc.)

      My answer would be totally in your favour if the gardener was entering a garden to which you had exclusive rights - but in this case he is not!
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment


        #4
        Which is why - just in case - I gave a double barrelled answer. I have learnt not to assume anything when posters put their questions on here.

        The way I read it at first was "Its 4 flats and there are lawns around it without anyone having exclusive right to any particular bit"

        Then I thought - "But what if she means 4 flats each with their own individual garden/lawn?" Which is why I then put "My answer would be totally in your favour if the gardener was entering a garden to which you had exclusive rights - but in this case he is not!" So my answer therefore falls in your favour - secondary answer is lock the gardener out if possible so he cannot get access without your sayso, warn the gardener/landlord he/she is trespassing your right to quiet enjoyment, or mow "your" lawn yourself!

        Comment


          #5
          Thanks for the advice - unfortunately there is no way of locking him out of the garden - the entry gate gives access to 2 gardens. He goes onto the communal pathway and then it divides into the 2 gardens and my gate and fence is only 3ft so it would be impossible to keep him out.

          It would just be nice to at least know that he is in the garden without him creepng up on me so I'm thinking that perhaps a carefully worded letter to the LL/Agents may work !

          Originally posted by davidjohnbutton
          Which is why - just in case - I gave a double barrelled answer. I have learnt not to assume anything when posters put their questions on here.

          The way I read it at first was "Its 4 flats and there are lawns around it without anyone having exclusive right to any particular bit"

          Then I thought - "But what if she means 4 flats each with their own individual garden/lawn?" Which is why I then put "My answer would be totally in your favour if the gardener was entering a garden to which you had exclusive rights - but in this case he is not!" So my answer therefore falls in your favour - secondary answer is lock the gardener out if possible so he cannot get access without your sayso, warn the gardener/landlord he/she is trespassing your right to quiet enjoyment, or mow "your" lawn yourself!
          Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

          Comment


            #6
            A nice big German Shepherd like mine will keep him out!

            NOBODY gets on my property lest this young lady knows!

            http://img.photoamp.com/i/NNdwPpkc0j.jpg

            Comment


              #7
              She's a beauty! I had one very similar - but I'm not allowed pets here !!! don't suppose I could borrow her, could I?

              Originally posted by davidjohnbutton
              A nice big German Shepherd like mine will keep him out!

              NOBODY gets on my property lest this young lady knows!

              http://img.photoamp.com/i/NNdwPpkc0j.jpg
              Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

              Comment

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