Not seeing eye to eye with property manager

[Skj568]

Please forgive the huge huge essay.

I'm in a rented property and the estate agent we deal with have always been quick to sort repairs on the property. I normally have a great relationship with our property manager, but we just don't seem to be seeing eye to eye on the issue with the back garden.

For context we have a nice sized garden/yard and a 1.5 foot high raised concrete section /patio at the back of the garden. (About 8 foot long and 7foot wide) Last year we were approved to build a play area for my 2 children so they can use that area and the dog/adults have the rest. A basic wrap around fence to avoid and falls ect and tons of rubber play matts for the wonky flags.

Over winter we've since had a big family of rats move in to it and we've had to remove the fence so we can hopefully get rid of them. I've raised this with the property manager and said I'd rather have the whole patio removed so its flat to the main floor and agreed to have grass. Ergo no rats and safe space for my kids. Our landlord had approved the request (Never met the guy)

Now fast forward to yesterday and the contractor mentioned they were just removing the top flags. And put grass on the 1.5 foot high section. Usually id be ok with this and we would manage.
BUT
I have 2 (soon 3 kids) both under 4 and both disabled. Autism and asperges with communication and sensory issues. A lack of danger awareness even with 24/7 supervision.
This is unsafe for them as they're unaware of dangers and I don't want them smashing their faces or falling off the edge.

Now am I being unreasonable for asking the property manager to remove the 1.5 foot concrete grass thing and making it flat to the main floor, for fear of my kids safety? What can I do bar going to my landlord directly? I don't want to risk there being an accident (which will likely happen) and then go into a claim thing with them.

Any ideas on what I can do, as its a shame to not use such a big space especially with summer coming.

If you guys need to i can add photos so you know what I mean.

Add photos please! So are there steps up to this area at present?

I don't think you could put in a claim if its your garden they fell in?

If it was safe with the flags on when raised, why isn’t it safe now?
I think photos would help as I can’t imagine what you mean.
FWIW DC has ADHD/ASD & managed fine on a garden with 3 levels, some with concrete steps, as we always supervised when small.

Hi guys, its not our property as its rented.

We made it safe previously by building our own fence around the area with gate.

Weve since removed it all and made it into planters while other works being done.

It could he they agreed, then found out the cost maybe?

If it's really important to you, then you could offer to have the work done yourself as an option?

The tricky issue is that there normally isn't anything wrong with he raised part being grassed over. It's only an issue because of your children's needs but that doesn't mean the landlord has to do the work. You've chosen to rent this property.

I think you probably have to either accept that this isn't suitable for you and find somewhere that is, or offer to have the work done, with their permission.

That does look like quite a big job to totally remove the raised area. Could you compromise by putting another fence in?

I don't think your landlord or the property manager would be liable in the event if your kids being hurt. I think it's up to you to put another fence up.

The fence is unconnected with rats or their extermination.

Put down soft play mats to accommodate your childrens play without damaging the landlords property

Keep making unreasonable demands until LL /agent finds a way to end your tenancy.

Yes, I imagine it's a cost issue. It's unsuitable for your family, but not dangerous.

You may have to either offer to pay yourself or look to move.

Breaking out concrete and levelling it will be a significant cost - not something I would readily agree to if I was the landlord?

Unfortunately this isn't your landlords problem to pay for. It's not unsafe per se, just isn't suitable for your family setup.

You will either need to pay for the area to be levelled yourself (if the landlord is agreeable) or you will need to fence it off yourself - the landlord would very unlikely be liable for injuries in this scenario

Surely if it is removed you will have a massive drop from house door to ground which is far more dangerous than it currently is. I'm not sure it would even fit regulations. There would like be a step or two constructed to the door which makes the whole thing pointless

This.

You wouldn’t be able to “put a claim in”. Your children should be supervised and if the area isn’t safe to play in you shouldn’t let them play in it.

You chose to rent this property and saw it as it was. You accepted that. It’s nice of them to agree to the works in the first place.

Yes the isn’t really the landlord or property managers problem. The garden is fine, just not suitable for you. It would be on you to pay for it to be done if you want it. You also can’t put in a claim if one of your kids fell off it, it doesn’t look dangerous and they should be supervised.

I think you will have to contribute if you want it completely removed and levelled. It’s not really a cost the landlord is required to pay. Rodent infestations that occur after a tenant moves in are typically the tenants responsibility to sort, so the rats aren’t his problem either.

We have similar step up/down. We just put rubber play mats down. Yes they fell couple times but soon got used to it

2 (soon 3 kids) both under 4 and both disabled. Autism and asperges with communication and sensory issues. A lack of danger awareness even with 24/7 supervision. This is unsafe for them as they're unaware of dangers

Most kids that age are unaware of danger and risk; they haven't yet acquired the co-ordination and understanding to judge distances , anticipate the likelihood of slipping /falling, compare a slope with a vertical. Their balance is limited.

Most parents of kids that age know they need constant supervision around any kind of hard play surface, steps, drops; fences steps and walls are an invitation to climb over/up/ jump down and it's highly likely they will fall off/over.

Your garden is full of loose hazard materials that I wouldn't let small children play near; like that wooden square pallet leaning against a wall. Lots of splintery old planks , probably nails in them? Open rubbish bin. Accidents waiting to happen, you need to clear it up.

We had four under five.

Thanks for the help and advice guys 😊

I did think it could be me being over protective ect, I haven't been difficult with them I just voiced my concern. We've been here for years and years, since having kids I just want it safe for them once the construction stuff is done. I'm sure you can understand.

I have a meeting with them this week, so I'll see what they suggest and if they'd accept me paying to have the work done or for me to pay for a small fence and steps/ramp. Just to make it safer for them.