Tenants rights - new landlord has cleared half our garden!

[BB142831]

We live in rented accommodation and have lived here for around 8 years. Recently our previous landlord has sold the property as a going concern (he owned the entire development) and as such we have new landlords.

Previous landlord didn’t keep up with maintaining communal areas and the place is quite overgrown and untidy. New landlord wants to sort it out, great. This was communicated to us via the estate agents who manage it on their behalf.

This week contractors have arrived to start the works. I came home after being out for part of the day to find they have cleared a portion of our garden that runs alongside a communal area. Contractors have climbed over a small fence to do so.

I have complained about this as we were not informed about this or asked if access could be allowed. We are very upset as it’s been cleared to the ground (was shrubs and small trees - great for wildlife).

Is there anything I can do other than complain to the estate agents?

Ouch. Were any of the plants bought and planted by you OP? I don't know the legalities of this but what dreadful thing for a new landlord to do. Could it be lack of experience on their part? Not really knowing what they are doing?

Hi @heldinadream

None of the plants were put in by us in this area. My concern is that having spoken to the contractors that they have been told to do this. Thinking that the landlord has just made an error and not realised what they’ve instructed?!

That's really tricky, isn't it? You will want to have a good relationship with the new landlord and be pleased that they are more up together about doing things than the old one, but wanton destruction of garden habitat is def something to be cross about. It's a tread carefully moment I'd say.

Maybe it needs totally clearing and starting again? Easier to maintain layout?

Either way your LL is doing work on the communal areas which can only be a good thing. Wonder if other residents have reported rat issues?

I can’t understand form your post if your garden is separate from communal areas. But definitely speak to the EA and get a message to the LL to contact you and discuss his/her plans for the complex.

I think as you rent and owned none of the plants then I’m sorry it’s the owners decision on what to do. The only issue was over access which seems there was a miscommunication on.

It was already communicated to you via the EA and they didn’t exactly enter your house, they only accessed a small part of your garden. By your own admission you’re glad that your new LL is actually making an effort and sorting the issue out. I’m not sure why you’re so upset?

I think she's upset because a load of perfectly good, healthy plants that sheltered wildlife and gave her pleasure have been unnecessarily destroyed. I'd be upset too.

Had you maintained the garden and kept it looking tidy?

does your rental contract include the sole use of your garden?

Was the garden a mess or tidy. As tenants I don't think there's anything you can do about this. It is admirable you want to encourage wild life but not everyone is in agreement with this approach in private smaller gardens. It can look unsightly.

Our garden is separate from the communal areas, separated by a small fence.

I’m not upset that work is being done to the communal areas, I’m upset that a part of our garden (obviously not communal) has been cleared without our knowledge and without us being told. Appreciate that we don’t own it but it would have been nice to have been told!

Garden is tidy and well maintained, and it is for our sole use, not shared with anyone else.

I think you have grounds to complain to the agent as it was access to your home without your consent. But be prepared for the landlord to brush it off.

It’s technically his land though.
Maybe he wants to make it all one big communal space?

from this it seems that a private garden is part of the rental agreement and therefore falls under the same 'quiet enjoyment' rule as the house/flat itself.

maybe check with shelter.

This sounds like miscommunication - the landlord has instructed gardeners to sort the garden, probably through a chain of command and meant the communal areas; and the gardeners have then been given incorrect information by their head office / the estate agent or misunderstood the instruction and tackled private gardens as well.

I think it’s worth a complaint to the estate agent so that the landlord knows about it and can liaise better of use different contractors next time, but otherwise I’d just let it go to be honest.

If the garden is part of your tenancy specifically then you have the right to exclude all others including the owner (and his contractors). Basically they shouldn't have come into your garden without your knowledge and consent. Regardless of what the gardeners said it may be that they have just said that to stop you raising their mistake with the owner. I'd contact the Estate Agents and let them know there has been a mistake, the gardeners have cleared part of your private garden and you'd like them to confirm with the landlord that they will be instructed to keep out in future. Also say that a lot of nice bushes and plants have been cleared and you'd rather some were replanted to provide you with the same privacy you enjoyed previously.