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.

It's not wasting police time to report this to 101 because as far as I know theft is still a crime in this country....

I think you should tell her that she's not entitled to remove your property and that you have camera footage, so she needs to return your property now or you will have no option but to go to the police.

People can't just behave any way they like.

She has absolutely no right to confiscate your possessions.

Your landlady has behaved outrageously and I say that as someone who manages a portfolio of rental properties. I would start with a firm email requesting immediate return of your property and highlighting that she has breached your right to quiet enjoyment by entering the curtilage of the property without your permission. That should take you to May 1st and despite what others are saying your protection from eviction is definitely stronger at that point.

If that fails to get your feeders back I would then check your tenancy agreement (and with the council if you are in a selective licensing area) to see if the landlord is part of an accreditation or redress scheme. If they are you can report to them and they should mediate on your behalf. Her behaviour will not be looked upon favourably. Failing that, I would report to 101. No-one, no matter how many properties they own, should be able to steal your belongings.

Good luck OP, hope you manage to get your feeders back.

👏

For what reason?

I would search for another landlord.

Great to see a landlord here telling on themselves. No, tinpot dictator landlords won't be able to evict tenants for spurious reasons. That's the entire point of the law. Good luck if you think that's how it's going to play out for you 👍🏼

OP, have you thought of asking for this thread to be moved to e.g. the property section or the legal section?

At no point have I said I would do anything wrong, in fact I have stated the LL shouldn’t have taken the feeders. But as you say, some LLs are rogue others and you’re silly if you think they wouldn’t and couldn’t find ways around the rules.

After the 1 May landlords will still be allowed to evict their tenants in order to sell their properties or to move in themselves or have a family member move in. Many landlords would quite happily sell their properties in the current economy having either mortgage interest that can't be fully deducted as a cost or enough equity that they would make more money with less hassle just putting their money in the bank. Some landlords will be waiting for good tenants to choose to leave then get rid of the property rather than risk a new unknown tenant. Your landlady may not be at all upset to sell her property.

I appreciate your landlord has been unreasonable but you would be foolish to escalate this argument OP. It sounds like you love living in this house and rentals are hard to come by at the moment for the above reasons. If losing your bird feeders has upset you this much how are you going to feel about losing your house? Let it go.

Your response depends how much you want to stay in the house and have a decent professional relationship with your LL.

MrCollinsandhisboiledpotatoes Nicely put!

In the landlords position, I’d start the process to get the OP out as the relationship has broken down. This won’t end well for the OP if she doesn’t let this go. If she wants to be moving house soon, she should carry on.

This is you stating you would do something wrong

And making yourself out to be a terrible landlord and person in the process

As others have correctly stated, it is the LL who has breached the professional relationship, not the tenant.

Yes I know, the LL is in the wrong. But so what if the tenant calls the police on the LL, it's really only the tenant who will suffer in the end. Lose the house etc, lose any goodwill (if there was any left). Hence it depends what she wants out of whatever she does.

This is outrageous!

Whether or not bird feeders encourage rats, and whether or not they are or are not currently advised by RSPB is irrelevant. What's relevant is that (1) your landlord has entered the property without notice, and (2) has removed your belongings. (Saying she will give them back in October doesn't mean it's ok that she has taken them!)

If there was a clause in your contract about not feeding the birds she would have grounds to give you notice to remove them by date x after which she would remove them. If she decided she wanted to vary the contract to prohibit bird feeders the same applies.

FWIW, I would sit tight for a few days until she can no longer issue a section 21.

After that I would send her a letter indicating (1) that I was taking legal advice re her entering the property without notice, and (2) that she should regard the letter as a letter before action and that you will be initiating small claims court proceedings to recover the cost of replacing the feeders unless she returns the them before date x.

I am seething on your behalf. FWIW in my experience bird feeders very often encourage vermin - a neighbour has a problem with rats in his garden, very much exacerbated by bird feeders in the garden on the other side - but at no point has anyone thought that the solution to this problem is to steal his neighbour's bird feeders!

Edited for typos. (There are probably still more typos...)

The 'decent professional relationship' ship sailed when the LL stole from her.

I would be furious as well as I am very territorial.

First - wait until after May 1st then she cannot issue an eviction notice unless she wants to sell or move in herself. It wil be very much harder to get a tenant out after that. The bar for anti social behaviour is rightfully very high.

Send a strongly worded letter. This is something the AIs are good at. Use co-pilot or chat-gbt. Type in what you want to get across and let if draft a letter in the tone you require and it will generate a message for you. It will also help you understand your rights.

I can see the principle of LL not wanting to risk infestation from rats but she is acting as though she is your boss. She has, in effect, confiscated your property. If you dont push back then she could contravene more of your rights. You are business partners. She is a service provider and you a customer. She is not your headmistress, your social superior or your parent. Some of these bloody landlords really do taking down a step or two.

I used to rent for years always had bird feeders and pets. My home and garden were never a mess and left tidier then when we ever moved in.

be careful OP as yes the LL is completely wrong here as you are allowed to enjoy your home and they are not allowed to just enter. But your LL could evict you.

I would keep this to myself so that myself and my children have a home. I would put bird food out still on an old saucer in the garden.

as for rspb advice, I’m a member, i think it’s up to each individual what they decide to do. For example I have no finches in 8 years of living here but I do have birds that rely on the food I put out each day for their survival. I’m also going to check the feeders when I next visit my local rspb reserve to see if they are adhering to their own rules or not before I make a decision, they had feeders up last week for example like usual and no signs about the May-Oct suggestion.

YANBU, controlling cow. I can’t suggest what you do OP, but do something… can’t let her get away with it. Tenants have rights and I’m sure you’re paying her a pretty penny to live there. It’s YOUR home, not hers. She evoked the right to decide what goes in the front garden when she rented her property, she could of gone down proper channels if she was that bothered but she’s taken the right piss doing what she did. Is there a way for tenants to report landlords for this sort of thing?

I would also threaten her.
You have until 24 hours to return the birdfeeders or I will report you to the police for theft.

@goodoldsussexbythesea your landlady is in the wrong.
However, is it worth falling out with her?
Your opposite views on bird feeders are equally strong. She had no right to remove then but does have the right to increase your rent or even give you notice if she thinks you're a difficult tenant.

No, it’s not because it’s not May yet. My solicitor would be sorting it today.

Who at the Council do you think the OP should tell (that the landlady of her private rental has taken her bird feeders) - and what is it you think the Council are going to do about it?