Garden included in a tenancy or not?

[Jeremy-75qq8]

A friend of mine lives in a converted house divided into 3 flats.

it is a regulated tenancy and she has been there for 40 years. Neither side have any documentation which is not unusual for tenancies granted at that time.

The landlord has now died and a firm of solicitors are now involved.

She has has exclusive use of the back garden for the duration of her tenancy. She has maintained it at her own expense. She has occasionally asked the landlord to contribute to costs of more major works all of which have been declined on the basis it is her garden.

The lawyer is now saying they are communal gardens unless you can prove otherwise.

The mean proof is in actions - the landlord has done nothing in 40 years and she has maintained and paid for it all.

In law estoppel would work in her favour in my view.

Does anyone know of any specific legislation or case law that could also help - ie landlord abandons garden and then later wants it back after Tennant has maintained it?

Thank you


estoppel

nounLAW

noun: estoppel; plural noun: estoppels

the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
"the case had been one of estoppel"

[Jaska]

Do the other flats have any access doors or gates leading to the back garden, or is the only access via her flat?

[KAgantua]

If she doesn't own the flat why does she think she owns the garden?

[markiii]

indeed as a tenant I would suggest maintaining it grants no rights, if she owned the house/flat might be different

[untakenname]

If it's a converted house and she has sole access to the garden by having the ground portion of the house then it would be expected to have the garden but if it's a purpose built flat then imo it would be communal.

[Jeremy-75qq8]

Jaska said:

Do the other flats have any access doors or gates leading to the back garden, or is the only access via her flat?

No. Only by going round the side

[Jeremy-75qq8]

KAgantua said:

If she doesn't own the flat why does she think she owns the garden?

She is a Tennant. There is no question of owning the garden but having sole rights to the garden.

[Jeremy-75qq8]

markiii said:

indeed as a tenant I would suggest maintaining it grants no rights, if she owned the house/flat might be different

If it is communal property then the landlord would uslaly looks after it. She has done so for 40 years.

[Jeremy-75qq8]

untakenname said:

If it's a converted house and she has sole access to the garden by having the ground portion of the house then it would be expected to have the garden but if it's a purpose built flat then imo it would be communal.

It is a converted house

[Jeremy-75qq8]

Thank you for the various replies.

I am looking for specific case law of examples people may or may not have to help someone.

We can all have opinions, but I am seeking specifics please as opposed to just points of view which will not help with dealing with the matter in hand.

Thank you

[Jeremy-75qq8]

KAgantua said:

If she doesn't own the flat why does she think she owns the garden?

She is a Tennant. There is no question of owning the garden but having sole rights to the garden.

[beanoir78]

I’d be very surprised if you find what you’re hoping to find.

The law has been tested many times though on gardens belonging to rented properties and what rights tenants and landlords have with respect to gardens.

[h0b0]

In the US, so might not be the same for you, Balconies are classed as communal space with sole access rights. This is so expenses associated with repairs are shared.

I seem to recall reading it is similar in the UK.