I am the landlord for a ground floor flat of which some of the exterior walls and windows are within the upstairs neighbour’s garden.
My lease states I have a right of “reasonable access” to these areas for maintenance etc. However my neighbour keeps access to their garden locked, and although they agree to give me access should I need it, they are not prepared to let me have a key to access it (and thus my outside walls/windows).
My concern is, that should I need access when they are away, I have none.
Are they obliged (in law) to let me have a key?
Thanks for any help.
well it is their garden . They have agreed to let you in .The maintenance to your place must not be a lot
That’s true, but a few years back, when I lived in the property, I came home to discover I’d been burgled. The kitchen window was broken and unlockable, it had to be urgently made secure, and the tradesman that made it so required access to the outside, which he had at that time because the area was not locked. In a similar situation now, with my tenant, this may not be the case if the neighbour is away.
Neighbour has the right to privacy in her garden & not to have you wondering in at will.
If she was away & needed emergency access, I’m sure you’d be within your rights to use a ladder to gain such access.
I have told her I’d only ever access the area with her prior agreement, except in emergencies, also there is no ladder tall enough at the property to access the area.
how tall is the fence/wall?
No, you are not entitled to a key.
It’s a full height door, this photo might give some idea, that’s a full size wheelie bin in front.
Do you have any legal evidence/precedent to back that up or is it just your opinion?
Read the terms of the lease.
in an emergency i could get over that . I guarrantee I am older than you I also have a range of emergency tools ,including a bolt cutter ! Be prepared is the answer . Step ladder ?
I’m sure I could too but think of tradesmen carrying heavy tools, possibly a replacement window.
The lease only refers to me being allowed “reasonable access”. I suppose it comes down to how that is interpreted.
Its more the other way around. The neighbour has said no, so what legal precedent can you quote that says you are entitled to a key to someone else’s property.