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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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is a landlord responsible if a tenant uses adjacent land that

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is a landlord responsible if a tenant uses adjacent land that does not belong to the landlord

Does this relate to an assured shorthold tenancy?

Customer: replied 3 years ago.

this relates to a unit that is let on a 3 year lease ,the tenant is using a piece of land not owned by us ,to park vehicles ,it is not fenced and has been used by us the landlords when we had a business there and tenants for the last 30yrs the owner has given us notice to clear the land ,,,were not disputing that ,the question is who is legally resposible the landlord or tenant


Does the lease from you to the tenant attempt to grant the tenant a right to use this land (even if the land is not yours)?

Customer: replied 3 years ago.

no the tenant is aware that we dont own it and it is not mentioned in the lease ,,,


Thanks for your patience.

No, I don’t think that you could be sued in these circumstances. You and the tenant are different legal individuals.

Potentially you could have been sued by the Tenant if you had granted a right to use the land if you did not actually have the right to grant them, but the appropriate legal recourse is against your tenant.

In the interests of good development management though I would adopt a mediator role between the two and see if you can enforce compliance by the tenant. The lease may contain a clause in which it states that he should observe matters of legal title. If there is no right to use the land evidenced in the legal title for the leased property then he could be regarded as being in breach of the lease.

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Kind regards,

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