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.

Why is everyone talking about rats? The landlady is going to return the bird feeders in October, so clearly the vermin argument is irrelevant

OP what does your contract state about “quiet enjoyment “? Is there a clause to state that notice must be given for the LL to enter the property?

I would start with an email saying you would either like them back now, or £xx to cover the cost of them if she wants to keep them, offered as a goodwill gesture (important legal phrase).

Then I would move to police. They are unlikely to charge her, they will first just ask her to give them back in all likelihood.

She's behaved outrageously and it would worry me what else she might do if she's this brazen about overstepping and stealing.

FWIW I nearly took a previous shitty landlord to small claims court after he did something on a similar scale to this. He took legal advice following my letter before action and I assume was told to make it right as the issue was abruptly fixed.

It’s party why I’m so invested and furious on your behalf.

I did give notice on my contract though and he begged me not to!

Alright, chill out - i didn't say it gave her the right to do anything.

I'm sure youve responded to threads before reading through 10-15 pages before as well.

I see your point but it doesn’t matter what the contract says about quiet enjoyment, or whether there is a clause about entering the property or not.

Quiet enjoyment is a statutory right via implied covenant, and backed up in the Housing Act, landlord and tenant act, freedom from eviction act - this right supersedes any contract term seeking to limit it. It’s basically the tenant’s right to occupy the property without interruption from the landlord.

Landlords legally have to give 24 hours notice and even then need permission to actually enter.

The exception would be in the case of a genuine emergency.

Popping by in the way the landlord has been doing is a breach of this legal right - if she keeps doing it the OP can even get a court order.

Edit - same landlord I’ve mentioned previously used to pop by like this. I’d be working from home and see him or his dad suddenly wander across the back garden and start rummaging in the shed (full of my stuff!!) for some tool or other. I think my favourite example was them knocking on the door and asking to use the loo as they had been visiting next door. Absolute cheek.

I'd upload the video footage of her stealing your property to YouTube, naming and shaming her, and send her a link to it.

I would be incredibly careful. I am not saying she is right but you need to weigh up whether it’s worth it in the long run as you seem happy there.

The LL will get rid of you if you take her to court, it might be more difficult after May but it’s certainly not impossible.

So basically people need to put up with anything incase they are made homeless?

No but we’re talking about some bird feeders. I was just highlighting that by threatening to take her LL to court she has a real chance of losing her home.

If I was the op I would just put some up in the back garden which the LL can’t see unless she presumably does an inspection which they can be removed for. The LL has said she Will return the other bird feeders in October. Yes it’s batshit but I think the op should tread carefully.

I'd get that email written now and send it bang on midnight on 1st May.

Fuck that.

Yes, this. She broke the law by entering the property without your permission or knowledge.

Me too!

We’re talking about a LL that disturbs OP’s quiet enjoyment of her home, trespasses, steals, and imposes unilateral conditions on the tenancy which aren’t in the contract. It’s a bigger issue than just some bird feeders.

You would probably find yourself homeless!

This! I’m sat reading the whole thread gobsmacked that the contracts are basically worthless to the tenant as the landlord can breach it all they like!

Disgraceful and OP I’d be claiming not just for the removal of property but loss of quiet enjoyment.

Is there an ombudsman for this sort of thing?

If she’s the type to act like this and take your property, she may be willing to go further to get you out, especially if you push back.

Lots of landlords are rich, and even after 1st May, could just give you notice by saying they’re selling, take the loss of income by not being able to rent it for a year or so and if this is the case here, you’ll lose your home.

I am a landlord and wouldn’t have gone about things how she has, but if I really wanted someone out, i could afford to do that. Some unscrupulous landlords would also have people they could rent the house to unofficially so wouldn’t even lose money. I’d say her behaviour puts her in the unscrupulous category, so although you are right and she shouldn’t have taken your bird feeders, as you do seem to love your home, just make sure this is worth it if you end up having to move out. 😞 Sorry that you’ve had to deal with this. Her behaviour seems extreme, so I do think she’s the type to get even more extreme.

OP please do not withhold rent, that could certainly see you lose your home. If you want to take this further then at least research online for the correct way to do it.

My ex landlord (town centre property) used to use my driveway so he could go shopping and I later found out he told all his mates they were welcome to use it too if they needed a place to park in town

Did you say yes to the Loo?!

I definitely will not be withholding rent.

If anyone fancies looking over the letter and giving any feedback, I would be grateful. I intend to post it on 1st May by recorded delivery.

Dear Controlling Cow,

Re: Unlawful Removal of My Property and Unauthorised Entry

I am writing regarding the removal of my personal property, namely my bird feeders, from the garden of 69 madeup street, without my consent.

These items remain my legal property. Under the Torts (Interference with Goods) Act 1977, any person who interferes with goods belonging to another without lawful justification may be liable for damages and required to return those goods. Landlords are not entitled to remove or retain tenants’ possessions without following proper legal procedures.

In addition, your entry into the garden without my permission is unacceptable. As a tenant, I am entitled to “quiet enjoyment” of the property, including the garden where it forms part of the tenancy. This right is protected under the Protection from Eviction Act 1977. A landlord does not have the right to enter the property or its associated areas without proper notice and my consent, except in genuine emergencies.

You are therefore required to refrain from entering the garden or any part of the property without my prior agreement going forward.
I formally request that you:

1. Return the bird feeders to the property in their original condition; or
2. Arrange for me to collect them within 7 days of the date of this letter

If the items are not returned within this timeframe, I will consider taking further action without additional notice. This may include issuing a claim in the County Court for recovery of my property and/or compensation for its value, as well as any associated losses.

I hope this matter can be resolved promptly and amicably.

Yours sincerely,
Your Pissed off Tenant

OP, are you prepared to lose your home over this? If yes, then go ahead and send the letter in the hope she’ll back down. If not, although she has clearly done wrong, I wouldn’t send it. Landlords that don’t respect your right to quiet enjoyment, access your home without notice and agreement and steal your things are probably not the type to let you get the better of them.

Wonderful!!! Can’t wait to hear how the unhinged old bat copes with that!

That looks good to me - though I have no professional insight into such things!
I'd also include a mention of the date she removed them (to get on record that it was well before the guidance date advised by the RSPB).

It's a good letter. I'd be inclined to add:

I am also considering sending an account of this matter to various media outlets, including the Daily Mail, who are often interested in publishing stories involving unacceptable landlord behaviour. Bear in mind that I have full video footage of you illegally removing my personal property.