Upstairs tenants and front garden

It sounds really difficult as I think there is an element of give and take with neighbours and you seem to appreciate it is only because of covid they are outdoors. That said, is privacy an issue as it is your bedroom they are sitting outside of? and are they keeping reasonable hours? ie. not sitting out there when you are trying to go to sleep

I'm not sure I fully understand here.
How much of the front area are they officially "allowed" to use as part of their tenancy agreement?

Where is this part in relation to your access and bedroom wall?

First I would see about a fence or hedge to get border of garden sorted a defined barrier. I would get in touch with the landlord and ask if they could remind the tenant what part of the garden is private. You could maybe be there pottering about and get involved in the conversation. By saying you didn’t mind the garden visits during Covid but you would like your private space back now.

It’s a case of give an inch and they take a mile, you say it’s your garden. If it was me I would say if the two of them want to sit out fine but no friends and no music.

I don’t understand the layout either, as you are a joint free holder I presume you and the landlord have decided between you who owns what and who takes care of what
You say “I have a back garden” do you mean you own the back garden “The front is mine” so do you own all the garden ?
Then you mention a tiny communal area into the houses So presumably that’s not a garden but an entrance/ exit area?
If there are not clear rules DO NOT USE THE GARDEN PRIVATE then they will expect they can, I think it’s difficult unless it was made clear to them when they signed the rental agreement they they could not use the garden area, was it ?
I can see both sides I just know if I was in a flat with an unused garden I d want to sit in it, especially with Covid going on

Can you clarify, do you legally have sole use of both the front and the back gardens? Or do the tenants of the upstairs flat have a legal right to use of them too? Usually upstairs flats don’t have garden privileges.

Forget about being accommodating (taken for a mug), if they are both legally yours.

(Why are women so conditioned to feel they must always be obliging to their own detriment? I’m training my younger generation not to think in this way. No-one thinks any less of a man if he doesn’t put everyone else’s needs before his own!)

Write a note and tell the tenants that they are not entitled to use either garden as they are legally your property and whilst you chose to give them access during Lockdown as a kindness, you wish to revert to keeping them private.

Let them go to a park or visit a friend with a garden instead. Their lack of access to a nearby garden is not your problem to solve!

You sound very kind but it has rebounded on you. Your neighbours are taking advantage by inviting others into your garden. They need to know this is not acceptable.

Whatever the situation, ownership etc, could you not sit down with them in the garden one day and outline the boundaries & what's acceptable? Unless they're "ignorant" or aggressive people, in my experience, mist young people will listen to a reasonable point of view. Perhaps they just need a bit of direction & a reminder.
In your position, why not bake a cake & invite them out into the garden to chat about the issue over the teacups? Follow up with an email or note through their door to confirm your discussion & agreement.
I can totally understand your concerns. I would hate it too so I'd hope that talking it over with them will help?

The problem seems to be the allowance of meetings of six friends outside, due to relaxing of covid restrictions. If I were you I would wait until visitors are allowed inside, then tell them, and stick to it, that they are no longer able to use your front garden anymore, explaining that you made an exception because of covid but do not expect it to continue once they can host visitors in their flat. It interferes with your privacy, and with long summer evenings they could be there until the small hours.

That's a good idea easybee.

What about the back garden ? I don't understand.

I agree with easybee too. A garden flat normally has patio doors out onto a private enclosed garden EllanVannin for their sole use

I think you and the landlord need to discuss this, then broach the matter with the tenants.

I too am confused as to who exactly has rights to which part of the outdoor property, but I understood you to mean that you had offered your upstairs neighbours the use of your garden while covid restrictions meant they could not have visitors indoors.

If this is the case, and the restrictions have eased so they can now have visitors indoors, you will need to tell them that your offer was only for the duration of the lockdown and that now you want your garden to yourself.

You won't make yourself popular, but to me it sounds as if you are within your rights in pointing out that they are not entitled to use the garden.

This is so difficult. My DS was in the same situation and found the upstairs tenants very noisy, coming home at all hours and ringing the bell to be let in. Then they got a dog which barked all the time. He went upstairs and spoke reasonably to them and they seemed agreeable but nothing changed. They also kept different hours to them as they were not working.
Eventually after many complaints my son sold up and moved as it was intolerable. Some of these converted houses were not intended to be two flats.

Perhaps you could speak with the landlord and find out exactly what is in the tenancy agreement for the other flat?
If the residents are otherwise polite etc, could you allow access to the back garden as a compromise...just a thought.

I would be inclined to wait a tad longer until May 17th because at present, those invited indoors are from 2 different families only and I am sure you do not know the relationship of all of the friends.

Temporarily could you not sit where they sit at present? If you do not nip it in the bd soon they will be having BBQs there.

I think the OP means the upstairs tenants are using the small communal space to sit in, as she says she doesn’t want to come home and go through a parting of chairs and people to get to her own front door ?

I don’t think they are sitting in her own garden, which is why it’s awkward, but it is right outside her own window.

Next time they're all out there, take your book & sit nearby. You might inhibit them enough to push off!?

I agree with Redhead that you should talk to your landlord as it's his/her responsibility to ensure that all tenants conform to their tenancy agreement, and these are only permitted to use the communal area.

Do I understand correctly that you own both the front and back gardens?
I am guessing your front garden faces south in the sun which is why they end up sitting there in your garden in front of your bedroom window.

I know you were being kind initially by allowing them to sit outside temporarily but this has backfired on you as it now appears to have become a habit.

This situation could easily get out of hand with the warmer weather and lighter evenings coming. You could be facing a situation where there is a group of them sitting outside your bedroom window late into the evening.

I think you have to bite the bullet and have a polite but firm word with them that it was only a strictly temporary arrangement and that you want your privacy back.

Even more confused are they sitting
In the back garden ?
The front garden ?
Or the communal area by your and their entrance?
If it’s the latter nothing you can do as that is their area isn’t it ?

what is the status of the communal area ?
is it part of the garden, to be used by both them and you.
why would you need that space too, if you have your own garden.
or is it only for them, in which case how is it communal.
or is it merely a passageway, circulation area, giving access to the front door for both flats.
either way, sounds like you need to talk to their landlord.

The back garden is hers
She is maintaining the front garden too as she is responsible for it's upkeep
People don't usually sit in it but now upstairs are whilst she maintains it
she is fed up of them sitting outside her bedroom window
That is how I read it anyway

I find this rather confusing and think the OP needs a good solicitor to find out the legal basis of ownership and set out clear boundaries about what the landlord of the upstairs flat can and can’t do when he lets out his property.
I’m sure somewhere along the line there must be some restrictive covenants aimed at preventing this sort of situation.
The OP should have been given sight of any tenancy agreement at the very least and that should have clearly set out that any tenants didn’t have the right to use that part of the property that belongs to the OP.

It’s really the landlord's responsibility to make sure his tenants behave themselves and if I were the OP that’s where I would start - by asking the landlord what the terms of the agreement are, telling him that his tenants appeared to be breaching it (if they are) and asking him to do something about it.