Ask The Expert: 'My landlord has suddenly stopped us using our back garden'

Question: I have rented a top-floor flat for three years. It is in a Victorian house converted into three flats. We've all had access to the back garden via a gate at the side, but recently the landlord put a new lock on the gate and said that the garden was only for the use of residents of the ground-floor flat. Is there anything I can do about this?

Answer: Firstly look at your lease to see what rights you were expressly granted in relation to the garden.

If you do have a right in your lease to use the garden, you need to consider whether your landlord has given himself the option to terminate that right and whether he has followed the correct process in doing so.

If there is no express right in your lease, all is not lost. Your next option is to think about how you came to start using the garden. You may have what is known as a "bare licence" to use it. Alas, your landlord can usually quite easily terminate this so long as he gives reasonable notice.

Finally, you might be able to assert that when you started renting the flat you were promised you could use the shared garden, and if you have since maintained or improved the garden, that you should not suddenly have the use of it terminated.

Question: I recently bought a country property where my family now lives most of the time. I continue to spend my working weeks in London, in what I consider to be my primary residence, and members of the family often stay there, too. I understand that for tax purposes my main residence is exempt from capital gains tax if I sell at a profit – does this cover both of my properties as they are both used as residences?

Answer: Unfortunately not. Each individual or married couple (or civil partners) combined is allowed one Principal Private Residence (PPR) under current UK tax legislation.

However, if they change the number of residences they own (acquiring a new residence or disposing of an existing one), it is possible, within two years, to elect which property is to be treated as their "main" residence for PPR purposes.

If you fail to do this within the two years, then your main private residence will be determined based on facts rather than on your choice.

A property must be occupied for it to be treated as a residence for tax purposes, but in view of the reliefs available, making an election can result in a lower tax bill when you sell.

What's your problem?

If you have a question for Ask the Expert please email asktheexpert@independent.co.uk. Fiona McNulty is a partner in the residential real estate team at Thrings LLP (www.thrings.com)