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

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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

I agree. Even shit agents would know that would have to be in the contract.

I think it’s much more likely that they’re just crap at dealing with pushy tenants.

⅓ off market rent because there is no parking is crazy, and a massive error. You've given them way more than an inch and they're trying to take way more than a mile.

If they want a house with parking they can bloody well look for a house with parking.

You do NOT need to apply for a PO, that's mad. Send an email or even a solicitor's letter expressly saying the garden is not being altered to accommodate a drive and any attempt to do so will amount to criminal damage of your property. End of.

Then, sack the agents. It sounds like they told the tenants you'd probably be up for adding off-road-parking before they moved in which is why they are so persistent and are talking about rent reductions.

The whole point of an agent is that they deal with everything for you, assuming that you pay them to manage it and not just find the tenant.

Depends - some agents only deal with the lettings. Some are property managers as well.

Some LLs use agents for lettings but another agent for managing the property or they do it themselves.

Even so - the garden question is down to the original contract - which is the letting agent’s remit regardless of who manages the property.

An agent would not have had to do anything to secure a tenant, they’re spoiled for choice

It's a fair point, Onnabugeisha, but depends on area - and unless the tenants are complete muppets and made the whole thing up, somebody must have given the impression parking would be provided (and it clearly wasn't OP)

Anyway I guess it doesn't matter; the situation is what it is, and again the only real option is for OP to take control of it

You need to send a formal written refusal copied to the tenants, the agent, and the local planning department that you FORBID any conversion of the front garden to a parking space.

Get photos of the current garden.

Then I'd sack the agent and employ a better one. At their interview, the discussion would focus on carrying out the clients orders and doing regular check on the property, inside and out.

As soon as the freeze on Section 21 ends, I'd give the tenants notice to quit, and set the new agent to work finding new tenants and writing a watertight tenancy agreement.

I’d be telling them to move on and find a new property to rent. People like this will always find new problems and this will be the top of the iceberg.

Unless it is a Conservation Area or listed property the railings etc won't be protected. Anyone can apply for planning permission, whether they own or not, but obviously that does not confer rights to legitimately do work if they do not. Conversion to hardstanding may not necessarily need pp, but in some areas would (check your council website) due to drainage issues and would in a Conservation area for example, and permission for a dropped kerb is required. You can usually check online if the tenants have already tried to apply behind your back. Have any other similar properties on the road done this?

Agree with letter below. Perhaps reiterating that it is not and never has been your intention to create offroad parking at the property. Agents seem very flaky and you were poorly advised by them. Hope they are above board on ll statutory duties and finances.

Tip

No they can’t and the need reminding they need permission to do ANY changes to the house including decorating.

However if they want to change the front to parking and pay for a dropped kerb, if you don’t mind no problem.

Oh and consider joining the NRLA for the landlord helpline. Less than £100 pa and tax deductible.

Exactly my thoughts.

I'd write or email the tenants and put them straight that you emphatically do not consent to any change to the front garden or any other part of the property, and that the rent of £X is lower than the market rent to reflect that the house doesn't have off-street parking. (If the agent is creaming money of the top of the rent, the tenant will undoubtedly have something to say about it.) And that you don't understand why they are still asking, as you have made this very clear to the agents.

It might also be worth pointing out that paving more than 5 square metres of front garden requires planning permission (unless you use permeable paving, but they don't need to know that bit).

And I'd forward the email/copy the letter to the agents, and instruct them to issue a S21 notice.

If it transpires that the agents have lied to the tenants, I'd report them to the regulatory body, if they're members.

Surely there is a clause in the contract which relates to structural changes and alterations without permission.
This will come under this and therefore unless you give written permission to the agent then the tenant cannot do the proposed external alterations.
Would you be able to a temporary parking area using gravel over horticultural membrane that could easily be removed. This obviously depends on the location of trees and curbs.

If you are visiting the agent today, go past the property and take dated pictures of frontage in case of future dispute.

I would write to them stating unequivocally that there is to be no changes to the garden and that if they do not wish to remain in the property you will let them out of their current tenancy subject to one months notice without penalty. State you have no idea where they got the notion that change to the front garden was possible because it never was. Also state that if they got the impression from the letting agent they need to speak to them, as owners only you can decide

and unless the tenants are complete muppets and made the whole thing up, somebody must have given the impression parking would be provided (and it clearly wasn't OP)

Not necessarily some people are just weird.

Obviously your tenant doesn't have a 'legal' right to get this work done, that's crazy. It's your property and the tenant cannot change anything without your express permission.

You've been way too generous with the lower rent. I've never heard of someone getting a rent reduction because parking is difficult. That needs to be stopped. You need to charge the going market rate for the property. Clearly the tenant sees you as and easy touch.

In your shoes OP I'd write a firmly worded letter to the tenant putting them straight that they will not be getting the parking they require and they are not at liberty to change anything on your property cc that to the agent and send a separate letter to the agent asking why they're not doing their job. Send both letters recorded delivery.

I'd also get rid of the agent. And when the lease comes up for renewal would get rid of the tenant.

I would then spend a bit of money on getting a solicitor to write to the tenant telling them to desist with their threats and telling them that they must not change anything in the house or in the garden and outlining the consequences if they do and cc that letter to the agent.

Before you sack the agent I would make an appointment to go, together with the agent, to inspect the property.

It's time to take control of the situation. The agent doesn't care and is not doing the job that you're pay them for. And the tenant seems to think that you can be bullied into anything they want.

You need to get tougher.

You need new agents that actually follow , your instructions. And new tenants as yours are taking the p ... 2/3s of market rate and want to deduct more because they want a parking space that was never on offer!

Why would you bother? Just say no. If they don’t like it, they can move to a house with parking.

I am a LL. I would give them notice if they keep being so persistent. Too much hassle.

This.

No, the tenants can't do this. I would send a strongly worded letter to both the agent and the tenant and, as the tenants seem inclined to refuse to take no for an answer, pay for a solicitor's letter for the client stating that under no circumstances are they to carry out any works to the property, including the front garden. I'd also issue a section 21 notice to get them out. Makes me wonder what they've done to the interior of the house. I'd also get over there to take photos of the garden as it is now so that you have proof if you end up having to sue them.

Are you using a local agent who can go round and talk to the tenant and inspect the property or one of the national ones like Purple Bricks? I know someone in a similar situation to you who used Purple Bricks and it was a total nightmare. Their property was let through a local PB representative, who seemed excellent, but after that was managed from a call centre in the Midlands. You need a local agent.

No. PP is required for a dropped kerb. Only you as the owner can apply to the council.

Why are you being bullied by your tenants and why are you charging them so little? They obviously have worked out you are a bit of a soft touch (as you are charging so little...). Give them notice and find new tenants at a higher rate. You must get a new agent while you are at it (or rent it through OpenRent, it isn't difficult) as these ones are truly terrible. They are supposed to be working for you not the (CF) tenant!

If youre going to giv notice to tenants to quit ie Section 21
Please check all Gov info
Its not as easy as it used to be.

Anyone can apply for planning permission. You don't need to own the land for that.