Can my tenant change the front garden of our house to a 'off road' parking area without our consent

[Oldsu]

Just after Christmas 2022 an elderly aunt died and left us her house, I love the house but its too far from, where I work, so we will move there in a few years time when I finally retire, the house is a Victorian cottage with a lovely front garden (roses and a magnolia tree and original railings) as neither DH drive we wont need a parking area when we move in, parking in the road seems to be difficult but there are no double yellow lines or residents parking permits so not impossible, we have factored this in with the rent and are charging 1/3 below market .

We rent this through an agency who have spoken to us a few times about putting in a parking area and we have said no, last September our tenant emailed me directly and asked me when the work was going to start, I forwarded it to the agents and told them to speak to the tenants, last November the tenants emailed me again asking about the work and said they would be looking to pay a reduced rent until the work is done, again I forwarded it to the agents for them to deal with, today I got another email telling me if the work is not done in 3 months they have the 'legal' right to get their own company to do the work and charge us afterwards. I want to forward it to my agents but it seems the agents are not making it clear about the parking area or the tenants are ignoring them so I think I am going to have to deal with the last email myself

When we inherited the house all paper work was done including updating the property records on the Land Registry so DH and I are on the LR as owners.

So my question is, I understand they wont need planning permission if the correct material is used but would need it to put in a dropped kerb, if they do apply would the council check the LR to check they are actually the owners of the property, if they didn't get planning permission but got a company to do the work anyway would the company also have to check the LR to make sure the customer has a right to make the change. I know it would be easier and simpler to put in the parking space and revert to a garden when we move in but I don't want to its my property and my garden. Any help would be appreciated

Of course they can’t put in a dropped kernel without your permission. You are the owner and you need to contact the council for this kind of permission.

What the hell are your agents doing? Tenants can't simply decide to make changes to your property without permission. Honestly, I'd serve notice to the CFs. And probably them to the agents.

I’m not an expert in this area but what the hell - surely not, it’s your property. No a tenant cannot simply start major building work without the owner’s permission! I would be going around and making that clear.

Absolutely not.

No, they can’t do the work without your permission. I would get new tenants who respect your property. A Victorian cottage with roses and a magnolia tree sounds lovely. I think a strongly wordy letter about not touching anything, and if they do it’s criminal damage needs sending.

also would be tempted to bin off both tenants and agents. Charging so much less than market rent because there is no parking also seems generous. I’m not a landlord by the way! But I have been a tenant in a place with no parking / similar parking issues and no way was I charged less. If parking is a major priority for a tenant they can live in a place … with parking.

Is the tenant a relative? This sounds unbelievably cheeky!

I think uou need legal advice asap, a strongly worded letter might do the trick, and give notice to the tenant and the agency. Tenant clearly has no respect for your property.

I think the agents will have made false promises ‘yes yes, don’t worry about parking, the owners are planning to sort this’.

Have you phoned the agents?

I’d send a letter, copied to agents, to explain that the rent reflects the parking situation, and there are and never have been plans for private parking.

I would pick up the phone and speak to the agent because emailing them isn’t working. And you shouldn’t have to but I’d contact the tenants and find out why they think this work is being done. Tell them what you’ve told us here about having no intention to alter your property, your instructions to the agents in regard to the emails, and the reduced rent to allow for no parking.

The outcome of those conversations will help you decide what to do next. Your agent isn’t doing their job and your tenants think they can make you do whatever they like.

When does the lease expire?

Presumably they’re on a rolling contract now? I’d do as suggested above (copied below) and then serve notice. Change agents and make clear any changes would
be criminal damage

I’d send a letter, copied to agents, to explain that the rent reflects the parking situation, and there are and never have been plans for private parking.

See it from their perspective - the agent appears to have told them that they were getting a drive, they’ve emailed you three times and think they are getting ignored!

Afraid that you need to grip this one and firmly by emailing them and copying in the agent and making it extremely clear that they are not and never have been getting a drive, and that it would be criminal damage to make this change.

Then id escalate at the agent’s end - raise a complaint and ask them how it’s got to this.

I've rented loads. The agents have lied to make the 'sale'. I've been stung like this before.

You need to speak to them directly and ask why they thought a drive was being put in, they obviously were promised it

Thanks for your replies, it was actually Christmas 2021 when we inherited and they moved in in July as we had to do other work like sorting the roof out and a new bathroom and kitchen, it is on a shorthold tenancy for 1 year

is the property a managed let through the agent?

if not, I doubt the tenant is being contacted by the agent

when was the tenancy started?
if it’s coming up for 10 months, give them notice

write expressively stating that no work was ever planned on garden, no work is going to be done and if they start unauthorised work you will be requiring them to be putting that work back to its original state.

the tenants need to rent somewhere with a drive, not without a drive and expect a drive to be made

I feel sorry for the tenants, it's clearly the agents who are at fault here. I'd look at changing them. Are you sure they're not charging full rent and pocketing the difference? I'd speak directly to the tenants.

Serve notice. It’s the agents who appear at fault. Or some sort of miscommunication where the tenants think they are getting a drive. Send a hard copy to both agent and tenant, as well as an email saying no drive, now or ever, and as a pp said, garden should be as it was when they moved in. Also such a generous rent reduction seems odd.

Make sure you have pictures and dated photo/video of the current state of the garden/wall/railings/trees, or if it is done without permission, you will have nothing to refer to.

Make sure also, that you have copies of all emails that state to real estate agent that the front of the property will not be changed at all.

I’d be sending a strongly worded email to both agent and tenant that you have had enough - you have from the beginning of the tenancy stated that there would be no alterations/works/parking area made. It is not going to happen, and you do not wish to hear about it again. Any changes would have to be made good to original standard, which would cost the tenant an absolute fortune - make sure they realise that….

Your agents sound incompetent, and your tenant seems either mis-informed or entitled (depending on the story they received from the agent).

Good luck - don’t just leave it with the agent, though, or you will have a huge mess!

The agents are not doing their job properly. The tenant should not be emailing you direct.
I have no idea who my landlord is and that's how I like it.
I'd get a new agent.

Just to add to PP’s suggestion, if they’re still in the fixed term maybe put in your email that you’re happy for them to give notice and you agree to end the tenancy if parking is so important to them (assuming you are happy with that). If they go for it, market it at full rate but be clear there’s no parking in the listing! Also, I’d change agents.

The tenants need it repointing out that their rent is reduced due to parking issues and not to touch the front garden, move out if they do t like it.
I agree, change letting agent too

Also, are you just forwarding the emails to the agent blankly, or are you communicating to the agent that this is absolutely something that it’s not to go ahead, why do they keep asking, etc etc. I do think you need to improve your communication skills here if it’s the latter

So they're on an AST? I wouldn't be renewing it. Plenty of other properties with parking available.

Lots of points to consider, the main one being it’s not something you want or need as the owner of the cottage. Having a dropped kerb done by the council can be quite expensive for starters, also Victorian property was not designed to have a car parked at the front, this could cause problems, collapsed drains etc, particularly if it’s an ev that the tennant owns are these are heavy vehicles. Do not agree to this change.

When I forwarded the emails to the agent I asked why the tenant is under the impression that I will get the work done and reiterated that I don't want the garden destroyed all they said was that the tenant is very persistent