LL came into my garden and removed my bird feeders

[goodoldsussexbythesea]

My landlady lives locally and often drives past my house. Early this morning, I was in my front garden, filling my bird feeders, and she pulled over and said that the advice from the RSPB is not to feed birds from feeders any more.

I told her that actually, the advice is not to feed them seeds and peanuts between May-October this year and I'm planning on following the advice so I was just using up the last of my seed now as it's not May yet.

She got really defensive and said "well, I just think it's important to follow the advice so I'd rather you didn't do it, please take the feeders down!!" which really annoyed me so I said, well it's not May yet so no, and anyway the advice is that you can feed them (small amounts of) mealworm and suet balls after May so I will be doing that, and she didn't say anything else, just drove off.

This really wound me up and I was annoyed for the rest of the day, took the kids out to a farm park and I arrived home an hour ago, and my feeders have gone out of my garden!!!

I checked my ring doorbell and she's bloody come into the garden, armed with a plastic carrier bag, removed my feeders and taken them away!!

I rang her three times back to back and she wouldn't pick up, so I whatsapped her and it immediately went to two blue ticks. I said - "Please return my bird feeders immediately, they are my property and you had no right to take them. I am following the advice but even if I was not, you still have no right to take my things."

After half an hour she replied "I am not currently allowing tenants to use bird feeders at my properties and have asked that they all be removed. I was passing so I removed yours for you, they are in safe keeping and will be returned in October"

My AIBU is not about who was in the right because I bloody well know I am, but whether or not I should call the police. I spoke to my neighbour about it and she said I shouldn't and that I should just replace them and remove the cost from the rent. She says she's obviously nuts and I shouldn't risk falling out with her

YABU - Don't call police, replace and charge her or do something else
YANBU - Call the police, report her for theft, and give them the doorbell footage.

The thing is, birds don't actually need to be fed over the summer, and encouraging them to gather together puts them at risk of trichomonosis. So, irrespective of what the RSPB says about this, it isn't really a kindness to the local bird population.

You know it's only libel if it's untrue, right?

OP, your landlady is evil and I audibly gasped at your post. Please throw the book at her. She absolutely cannot trespass at your home without prior agreement. On the upside, her life as a landlord is about to get more difficult with the Renters Rights bill, so try to enjoy that.

No, she shouldn't have accessed the property, but she hasn't stolen the bird feeders as she intends to return them. She may have been empowered to require OP to take them down over the summer, depending on the terms of the tenancy.

I thought the theft act was ammended to include treating something as your own without the owners permission.

It may be that she doesn't want vermin in the property, attracted by the bird food. Yes it happens, and she would probably then have to pay for the consequences, so I guess if I were a landlord I might also say 'no bird feeders'.

Why is anyone going to take your advice, a random mumsnetter, over the advice of a well established bird charity??

David Attenborough has said that feeding birds the right foods in aummer (IE protein and energy rich foods like fatballs and mealworms) is beneficial because there is a decline in caterpillars.

I’d find somewhere else to live

Cancel the cheque 🙄

So if I take something from a shop without paying, but tell the shopkeeper I’m only borrowing it and intend to return it on x date, that would be okay would it? Or using a previous example, if I needed a car to get to work because mine is in for repairs. Would it be ok to take yours without asking, as long as I tell you I’ll return it in a weeks time? No, it wouldn’t be ok and you’d probably, quite rightly, call the police on me. I doubt they’d take kindly to my “I was going to give it back in a week” defence either.

The landlady is acting like she has some sort of authority over OP, like she’s a school child getting her phone confiscated for texting in lesson. She’s overstepped and it’s bloody odd that people are defending this behaviour.

What ever your views are on bird feeders (I didn’t realise it was such a controversial subject) the landlady has no right and no legal justification for doing what she did, non what so ever.

We are in the middle of a huge housing crisis.

If you want to go WWIII with the person who owns your home, by all means do it. I wouldn't in your place. But you're a single mum in private rental. You're very vulnerable.

So if I broke into your house, nicked all your stuff and left a note saying I'll return it in 6 months, that's ok, is it?

So if I took your car and told you I'd give it back in a few months, that wouldn't be theft? Really?

Happily - the OP will be on much safer footing by the end of next week, when the Renters' Rights Act provisions come into force. That should severely curtail the risk of a retaliatory eviction.

I do think reporting this to police is the right thing to do. The OP should certainly review her rights as a tenant first, but Landlords seizing Tenant's personal property is abhorrent and not to be tolerated lightly.

You don't "have" to stop in 3 days. The RSPB have issued advice and guidance - there is obviously no legal requirement to not feed birds. Surely you can understand that landlords can't just steal their tenants property if they don't like what they are doing?

OP, I'm so sorry your LL took your bird feeders away, especially when they bring you such solace, it is totally unhinged behaviour and I can't believe people are making excuses for her. Taking away her own possessions would be one thing (though still totally not ok to come onto the property without warning) but taking your own belongings is batshit!!! Hopefully she won't try anything before the new renters' rights come in, but could be worth sitting tight till then before challenging her, just in case.
Not that this would make up for what she did, but could you get some of those clear perspex feeders with suction pads on that stick to your windows? She may not clock them on a drive past and it'd mean you got to see the birds right up close!

I am sorry that as you have said she has taken something that was important to you . Very unkind and unnecessary. I have no advice that would guarantee a good outcome . You could get into a situation where she might be forced to return them by you or police . But then she will probably find an excuse to try to remove you . Not renewing tenancy or straight eviction . Depends on how far you are willing to go for this and how much you want to stay in the house as her tenant .

I’m a landlord and know a lot about rental law.

What your landlord did isn’t just rude - it crosses into trespass and interference if your belongings under UK law.

Even if they own the property, once you’re a tenant you have a right to “quiet enjoyment” of the home, which usually includes the garden if it’s part of your tenancy. That means they can’t just come in uninvited or remove your possessions.

Removing your item without permission may also count as wrongful interference with goods (under the Torts (Interference with Goods) Act 1977), and in some cases could be viewed as theft if there was intent to permanently deprive you.

What you can do - start by keeping it calm and factual. Here’s the sort of message you can send:

I am writing regarding your unauthorised entry into the garden and removal of my property (my bird feeders). This was done without notice or my consent. As a tenant, I have a legal right to quiet enjoyment of the property, including the garden, and your actions are not acceptable.

The removal of my belongings without permission may constitute wrongful interference with goods. I require the immediate return of the bird feeders. Please confirm by [insert date/time – e.g. within 48 hours] when this will be returned.

If the item is not returned within this timeframe, I will consider further action to recover it and address the unauthorised access.

Going forward, you must not enter the property or garden without my prior agreement, except in a genuine emergency.

I look forward to your prompt response.

Good luck 🤞

No, that would be taking a vehicle without consent. Different law

Your LL is quite clearly batshit, but she may be right about the feeders - even if the way she went about things is entirely wrong headed.

Are you aware it's not just about what you're feeding birds, but about how you're feeding them?

There has been a huge decrease in garden birds, and part of the issue is parasites and diseases which can be spread through feeders.

To prevent your feeding stations becoming places that spread disease and ill health, the RSPB advice says not to use feeders with flat surfaces such as bird tables, window feeders or feeders with trays, to move position regularly and wash weekly, and not to offer a bird bath unless you're able to replenish the water in bird baths daily.

Are you doing all these things? If not, your LL is technically correct on the point she's trying to make about the birds - even if she's entirely wrong on how to deal with tennants.

https://www.rspb.org.uk/whats-happening/news/how-to-help-garden-birds

So much rage bait recently. 🙄

Just out of interest, and I’m not trying to be goady, genuinely, but how would that work if I stole somebody’s car and told them that it’s not illegal because I’m going to return it in six months?

I would advise you not to phone the police, as there is no point. It seems pretty obvious to me she actually does intend to give them back in the autumn - as her stated concern relates to the recent advice to refrain from feeding for a limited period - and so there is no theft here, nor any other offence to investigate. I'd check the terms of your lease, though, to see if this sort of thing is within the terms

I wonder why Tesco don't bother with these letters? 🤔

Where there are bird feeders there are always rats .
your landlady may be concerned you are encouraging rats.

If I was still renting and had anything against my LL or agent I would store it up until after May I. But then I am a vindictive bitch,