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.

How though? As of Friday there are very limited options for the landlord to serve notice - assuming there is not ASB and the Op pays the rent on time

Ok fair enough. Do you not get an update on your contract at any point?
I offered you advice in requesting them back in writing, sometimes having something written down encourages people to back down.

I know you are angry and upset about what’s happened and I wouldn’t be impressed either but you are coming across as quite aggressive in replies to anyone who isn’t replying to this thread like you wanted.

It’s a discussion forum and that creates an organic conversation that the OP can’t control 🤷🏼‍♀️.

God I'd be fuming too!!

I'm not sure what the best thing to do is here really

But yes I'd absolutely want to go round the and get them back! And why shouldn't you!

Do you like living in this property? If you want to stay on, then you’re probably going to have to let this go. If this is your hill to die on, expect to have to find a new place when the lease is up.

Your landlord shouldn’t have done what she’s done though.!

You’d evict a tenant because they disagreed on RSPB advice? Jesus, I can really see why people hate landlords.

Lease won’t be “up” it’s going to be a periodic tenancy as of Friday.

As will the rats.

This is landlord harassment and she's breached the terms of your contract. If she wants to add terms to your contract she needs to put that in writing with a certain notice period or issue a new contract. She's interfered with your right to reasonably enjoy your home. That being said you cannot withhold rent without jeopardising your tenancy.

What I would do is send her the correct information on feeding and tell her you expect your bird feeders returned by the end of the week. I'd also say that if she wishes to make changes to your contract to include the use of bird feeders she needs to do it in writing and allowing the correct notice period in accordance with UK law.

You don’t understand what that means, in the same way that people misunderstand what is meant by ‘quiet enjoyment’.

To permanently deprive means treating the property as your own regardless of the rights of the owner. This includes conditional return EG October - when it can’t be used.

Your landlord isn’t allowed to just come and remove your things from your property without your permission. That’s like saying your landlord can come and take your car as long as they intend to return it next week.

Not after May.

I'd like my neighbours to stop feeding the birds for that very reason.

I've seen a rat feeding on the dropped seed a few times now, and the other day I saw one run up the pole that the feeders hang on! Then I saw one run up my other neighbour's drive and along the gap between our houses.

It's rather freaked me out, tbh, I'm rat-phobic. Last time we had a rat problem here, a rat managed to get into the cavity wall and up into the loft, where it started gnawing one of the rafters. A lovely man from the council came and laid traps and also showed me where a tiny bit of pointing was missing and said it was where the rat had got into the wall. Once it was gone, I had the pointing fixed.

Apart from the fact that the mere thought of them makes me feel sick, rats did serious damage to the drains where my friend lives, a couple of streets away. Four houses' drains were affected and the cost of repairs was £12k in total!

That will play well as a no-fault eviction.

Do you ever wonder why landlords get themselves a bad name?

I’m not sure what people think is gonna change after May that’s going to make them infallible.
People will still get evicted for all sorts of reasons, whether they are the ones that go on the paperwork or not

Do something on May 1st, so then she can’t make your life that difficult.

She has broken the terms of your contract and has stolen from you. Yes I would be furious. Sadly, some landlords and agents treat tenants as a lesser class of person so you need to weigh up what hill you’re prepared to die on here.

You'll get rats and she's probably freaked out by that. Stupid though the rats are already bloody close, as long as the house is sufficiently maintained they won't get in and nothing is different.
That said. She is a grubby little thief with no respect for your contract nor right to privacy. I'd look for a.different place to live and start writing a review. Definitely cite that reason when you give notice . Keep the footage.

Rrsponse to land lord.

‘Thanks, and I appreciate your concern for avian health. However, the bird feeders were mine that I personally purchased and not part of the property I rent from you so there was no need for you to remove them. Please can you return them next time you’re passing or I can come and collect them from you. If the lease terms are changing then one of my friends will store them for me until October’.

I can't say I blame the OP for how she's feeling and responding at all.

She's 100% the victim here and has been given some quite shitty replies, insinuating that she's over reacting, she should be careful about sticking up for herself and exercising her legal rights in case the landlord illegally evicts her and she's been told her garden, which she has stated is her happy place and her pride and joy, will be "full of shit" by people who have never seen it. I also think the advice about planting a few flowers was rather patronising.

The OP has stated she's a victim of domestic abuse, who left her abusive partner and is now struggling on her own with three children. She's found a quiet, healthy hobby which she's stated improves her mental health and has helped her form a friendship with next door. It's also beneficial to wildlife and the environment. How lovely.
Then along comes some intrusive lady, who owns several properties, and throws her weight around, removing the OP's property and refusing to give it back for six months. I can't imagine how that made her feel, especially after finding the courage to leave someone who has been abusing her for we don't know how long.

I think given the circumstances, she's been quite reasonable in her responses!!

OP, you have been given some good advice here among the bullshit, and I would add that you really shouldn't have to put up with this crap. As you rightly say, you have a business contract with this woman. You pay for a service. She doesn't own you and you have every right to feed the birds. She can't just take something from you because she feels you should be following some advice.
I would do as has been suggested and write her a firm email, then follow it up by going to the council and telling them everything you have told us. It will be after 1st May by the time the council do anything anyway, so you'll have a bit more protection by then

I wish you the very best xx 🐦🕊️

She can make her landlady’s life a lot worse!

Call the police, it's theft. If she causes you problems, you will have lawfully recorded evidence to sue her in court.

You really can’t think of ways that a LL could get around the new rules?

I would report to the police via 101 - she stole your property.

Don't withhold money from the rent.

She cannot access the property without going through the correct process.

As of may 1st she cannot evict you without following very strict guidelines - so I wouldn't worry too much about this either, as she certainly can't evict you for using bird feeders!

(I work for one of the accreditation schemes for agents and landlords)

Cementing your reputation as a rogue landlord here. Get around the rules indeed…

If she doesn’t want bird feeders on her property she shouldn’t be renting it out.

I don’t worry about what other LLs do as it’s no reflection on me. I’m a good one if tenants act reasonably. If they don’t, there is always a way to get then out, even without section 21. And the unscrupulous ones will do whatever they need to.