Fencing issue/garden divide

[willow74]

I live in a local authority masionette which has a garden. Some three years ago the tenant upstairs made an agreement with the previous tenant of my property with regard to the garden. Subsequently the tenant upstairs moved the garden boundaries taking majority of the shared garden, I have now moved in and only have a courtyard but the other tenant has a considerable sized area. I have approached the local authority to appeal this but they have told me its best to use a mediation facility. This does not work therefore can anyone suggest a legal way to appeal against the previous tenants arrangement thank you

[BenDToy]

I am no expert but in the absence of other answers I would observe the following. A tenant has no right to give away or take part of the property. Therefore this "agreement" has no legal standing. Also what you are actually paying rent for should be spelled out in your tenancy agreement. Somewhere there must be a plan or drawing showing this. You could withhold a portion of the rent to represent the garden that you don't have the use of. However I do think that it would be in your best interests to resolve this amicably. The thing is you don't want to fall out with the people upstairs, who can make your life a misery.

[Hgrove]

I agree with the above except that I am worried that withholding rent could get you into trouble. My gut feeling is that the only way is to keep asking the local authority to repristinate the boundary as you are paying rent for the garden as well as the house.

[Upforit]

The responsibility lies with the local authority, though they may try to duck the issue. Go to citizens advice, or see if you can get some advice from a solicitor under the green card scheme.