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Original poster

Tenants asking for money at end of tenancy because they changed garden

119 replies

Pitstop1986 · 11/05/2023 18:07

Just need to hear a few opinions in this really as I'm making myself sick with worry and really don't need the stress.

I rented out my house (me and DH both had a house when we met, I rented mine out and moved in with him) to the same couple for just over 3 years. They had a 12 month contract that they renewed after every 12 months. They always told me that their intention was to stay in the house long term, and that would have been the case, although I found out that I was pregnant with our second baby, so will have 2 under 2 years old. Childcare in our area is extortionate as childminders are like gold dust and so my financial situation is going to massively change and rather than financially struggle, we have decided to sell my house to release the equity.

I tried to be as kind to the tenants as possible. I gave them 3 month's notice, but said that if they needed to extend that by a few weeks, provided that a sale wasn't about to go through, they could do whilst they were searching for a new place to live.

When they first moved in, the couple asked if they could erect a shed to keep the gentleman's motorbike in, which I agreed that they could. They have also made changes to the garden as well as putting the shed up, including removing 2 trees and putting in decking, plus removing the grass to the front of the property and putting gravel in it's place. They didn't ask me if they could do this, but kind of told me afterwards. It looked nice and I just thought as long as they are happy, it's fine with me.

When I put in notice to end their tenancy, they spoke to me and said that they had incurred considerable expense due to putting the shed upand changing the garden, so they would be out of pocket. To keep things amicable, I said that they could live in the property for the last 2 months rent free. They seemed happy about this and agreed, saying that they'd leave the shed where it is.

Fast forwards 6 weeks, they ask me to go around to the property, so I popped around after work. The gentleman tenant has told me that he is considerably out of pocket due to me asking them to leave. He said that they've had to downsize, as there was nothing of similar sized house to mine in their budget and had to move further away, meaning that his wife has had to hand her notice in at work (she works in the petrol station at the end of the road and walks to work) and they've also had to sell furniture and his motorbike. He then told me that everything that he has done to the garden has added significant value to the property as it looks so much nicer than what it was and so he should be reimbursed for everything. Taking away the two month's rent that he hasn't paid, he has asked me to pay him £2600 and if I don't pay, he's going to have to take matters further, and he said I really don't want to have to go through that.

At first I felt really sorry for him, but also I'm so angry that he agreed on 2 months rent free and now he's asking for more money. I'm also sick with worry that he's going to trash the house when he leaves. I has renovated the whole place myself and it was immaculate so I'd be heartbroken if anything happened to it.

My sister says that he wasn't entitled to a penny, even the free rent so he's just trying to play to my nice nature. I don't have the money to just pay him out, plus I don't think that I should have to pay for every screw and price of gravel that he's bought to change the garden, as it was perfectly serviceable to start with so didn't need any alterations to make it useable.

What would people do in my situation? Any advice? Sorry for the long post!

OP posts:

Boltonb · 11/05/2023 19:12

Full rent. Stick to their notice period. Retain 100% of deposit to put garden back into same state as it was at the beginning of the tenancy.

Assuming you’ve protected the deposit.

Boltonb · 11/05/2023 19:13

It was a mistake to give them rent free accommodation - they now think you’re minted, or weak. Or both.

WiddlinDiddlin · 11/05/2023 19:18

I'd send a letter:

Rescind the offer of a rent free period.
Request that shed is removed, trees replaced with same species at least established saplings, gravel removed, grass replaced, ie reinstated as was, as far as possible.
Remind them that they had no permission to do anything but the shed and failure to reinstate and make good may mean they lose their deposit.

Fuck 'em.

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Property legal advice

DiscoBeat · 11/05/2023 19:25

You could point out that you are within your rights to insist both gardens are put back to how they were when you let the place to them, as they didn’t ask or gain permission to do the works you aren’t liable for them.
This! It was very nice of you to have let them make changes to your house but at the end of the day it was perfectly fine in the first place and in some cases they didn't even ask to give you the option.

Maddy70 · 11/05/2023 19:25

Nope. They should technically put the garden back to it's original state.

You have been more than generous.

Say you will not be paying for works you didn't want and they can either leave it as it is or return it to it's original design as per renting obligations

Coyoacan · 11/05/2023 19:25

I presume you could sue them in small claims for the restoration of the garden and any malicious damage to your property

mauveiscurious · 11/05/2023 19:27

GCWorkNightmare · 11/05/2023 18:15

I would write to them to reinstate the property or leave

Schoolchoicesucks · 11/05/2023 19:30

You've been generous with the 2 months rent free and offer to extend their stay unless sale is imminent.

However I can understand their disappointment that they were expecting to be there long term and had made it their home.

Would they want to or be in a position to buy? Skipton Building Soc are apparently launching no or low deposit mortgages at 5% fixed interest.

ichundich · 11/05/2023 19:32

Im with your tenants. You kind of agreed to him changing the garden because you didn't ask him to take it all down / return to the original state after finding out what he had done. We have just bought a shed, which cost £2,000 alone, without the foundations and the man hours required to erect it. In Germany if you sell a rented out property, the new owner automatically enters into the tenancy agreement. This protects the tenants from being at the mercy of landlords like you.

IfIGoThereWillBeTrouble · 11/05/2023 19:34

“Take matters further”? Where exactly is he going to take these matters?

He’s just learned never to invest money in a property he doesn’t own.

Of course he can take his shed, as long as he reinstated the ground that it was situated on.

Jumbojade · 11/05/2023 19:35

He’s bonkers! Yes, I can understand that they are unhappy, as they had hoped to continue living there for much longer, hence making the changes, but that is the risk you take when you rent.

Tell him that you want the property returned to you in the same condition it was when he took occupancy, i.e. decking removed and any remedial work done regarding this and gravel removed from front garden and area re-turfed.

ErrolTheDragon · 11/05/2023 19:38

He said that they've had to downsize, as there was nothing of similar sized house to mine in their budget

Sounds like you've been undercharging them, and they've been very lucky to have been renting from you for the last 3 years.

They made changes they wanted, without consulting you, which benefited them while they lived there.
He's a CF.

Ponderingwindow · 11/05/2023 19:40

You could tell him to restore the garden to its previous state. If he doesn’t, claim against the security deposit.

he is being ridiculous.

when we made changes to a rental we

asked the landlord first
did it with the understanding that when we moved we would have no choice but to leave them behind

conxray · 11/05/2023 19:43

In Germany if you sell a rented out property, the new owner automatically enters into the tenancy agreement. This protects the tenants from being at the mercy of landlords like you

Is the OP in Germany? If not, this is completely irrelevant.
I could write a load of stuff about tenancy contracts in Austria where I live and things about how some properties come without a kitchen so tenants have to install one but then have the right to take it away at the end of the tenancy or sell it on to the next tenant.
But the OP is presumably not in Germany or Austria so those contracts and norms do not apply.

UK properties have to be returned to the landlord in the state they were let in so that means OP could insist on the tenants returning the garden to its original state. They are lucky she isn't insisting on that. They haven't got a leg to stand on. They are trying it on and threatening her with "taking it further". Well go on then, see how far that gets them.
Cheeky fuckers.

Choconutty · 11/05/2023 19:43

You kind of agreed to him changing the garden because you didn't ask him to take it all down / return to the original state after finding out what he had done.

tacit agreement to the changes isn't the same as agreement to pay for them!

In Germany, if you move into a place, unfurnished means unfurnished as in, you're lucky if you get a kitchen sink...

EggInANest · 11/05/2023 19:47

I would have been furious and very upset had they removed trees and replaced grass with gravel. And I wouldn’t have been mad about decking, either, which seems to act as accommodation for rats.

You have his deposit?

Stand firm. Just say you will not be laying out for work that you did not want and did not authorise and remind him that any further changes or damage to your property will result I deductions from the deposit.

Cherrysoup · 11/05/2023 19:52

Do you have texts re him agreeing to 2 months of no rent? If so, forward them back to him and tell him he needs to put the garden back to the original state as per the AST. What a tosser!

RedRosette2023 · 11/05/2023 19:54

GCWorkNightmare · 11/05/2023 18:15

This.

SecretsIWouldNeverTell · 11/05/2023 19:57

strawberry2017 · 11/05/2023 19:05

He chose to spend the money on a house he doesn't own. More fool him.

This! ^

You have to be some kind of daft plonker to spend multiple 1000s of £££ on a private let home. It's kind of OK to spend on a social housing home, if it's a tenancy for life yeah, but even then not a lot. My friend's DH wants to spend £3K to £3.5K on paying someone to re-do the garden. It's on a slope and it's hard to mow the lawn and the drive is steep.

He wants it COMPLETELY digging up/digging out, and all re-doing so it's flat. Even though it's social housing, she's like 'no fucking WAY. It's not our house, and we may want to move in 5, 6 years or so to a different property!' The housing association won't re-imburse the money!

GrumpyPanda · 11/05/2023 20:04

ichundich · 11/05/2023 19:32

That's a very, very skewed picture of German rent regulation. Yes, the tenancy would carry over to a new owner. But tenants chopping down trees without permission? Come off it - they'd have to restore to original condition exactly the same as in this case. And that's without even touching on replacing lawn with gravel in the front - in a good many German municipalities that wouldn't even be permitted under zoning regulations.

piedbeauty · 11/05/2023 20:04

GCWorkNightmare · 11/05/2023 18:15

This! He's a cheeky fucker - and worse, sounds like a bullying fucker.

Do you manage the place yourself? I'd be worried that they will leave it in a state when they do go...

Modda · 11/05/2023 20:08

I'd be furious they removed trees and would ask for the garden to be left as they found it.

mrsbitaly · 11/05/2023 20:10

Please don't give them any money. I know you're worried but I really don't think it will stop there they are taking advantage of you. They made alterations to your property whether it's improved it or not its beside the point it was their choice. Arrange a time to visit the property and take timestamped photos of its current state to ensure you have evidence should they cause any damage on purpose.

quietheart · 11/05/2023 20:10

You allowed your tenants to believe they were there long term, and they would have been had you not fallen pregnant. Renting housing is difficult enough without people playing at being Landlord when it suits them.

Have his improvements increased the value of your property? Would he have made those improvements if you had warned him you would end the tenancy suddenly rather than implying it was long term? You effectively agreed to the changes when you didn’t object.

Did you protect his deposit? Do you have any mortgage? Have you given proper notice? Now he’s living there rent free he could really just sit there until the court bailiffs evict him. It could end up costing you thousands.

AMuser · 11/05/2023 20:11

MayBeeJuneSoon · 11/05/2023 18:23

Ask him for all original invoices and receipts.... call his bluff

What’s the point of that?

Even if he spent £100k doing work to a rental two property anyone with an ounce of sense knows a) you need to ask the landlord’s permission and b) you run the risk of having to leave.

I’m a landlord and I’ve had tenants ask if they can change / improve things. I am always happy to agree as it’s more likely they will renew at the end of the term. If I can I will contribute to the cost of certain things if I know they will benefit my property.

CFs and with benefit of hindsight giving them 2 months rent free was a bad idea. It’s a shame they are inconvenienced but that’s life sadly.

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