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

Why do the tenants have your email address if an estate agent is managing the property?

I can see why the estate agent was pushing for you to change your front garden to accommodate parking if parking is difficult on the street. It'll increase the value of the house, open up the house to far more potential tenants AND you can charge the standard price for rent. Most households have at least 1 vehicle, so keeping it as a garden seems illogical. You say you'll move there in retirement - you always have the option of changing it back at that point. If plans change in that time, then you have the choice whether to keep or revert.

I would have a thorough read of the contract, but I'm sure it says no changes can be made without the owners consent. Find the excerpt in the contract and let them know if they do undertake the work, they'll be in breach of contract and you'll give them notice. 🤷🏽‍♀️

Give them notice, that's insane.

Give the tenants notice

They'll still be there until at least July.

Echo this. This is a business, not social work. I've seen several people — often people in your situation who inherit a property and decide to let — feel a bit guilty about the situation and so behave more like a social worker than a landlord. You'll need all the money you can make to carry out repairs, repaint the place every few years and so on.

You don't need a reason to say no.

Why are you worried about upsetting these tenants?

If they don't like it and parking is needed for them they could move.

I'd be giving them notice not to renew when this tenancy ends and if they want to stay id be increasing the rent to market standards as they obv don't appreciate your kindness as it stands.

Cheeky fuckers.

Your tenant was emailing you directly some time ago , more than once - why did you not just reply to him directly and tell him ''no'' this is absolutely not allowed and rent is lower because of no parking space?
How did tenant get your email address - presume from agent? If so, tenant was expecting reply from you.
Agent is not doing their job if they are being paid to manage the property and tenant did not check what their rights were as just tenants - but you have just been pussy footing about.

I'd evict them. They're going to wreck the garden. I'd be giving he'll to the estate agents though.

Absolutely send a joint letter or email addresses to both. Stating that there has never been a plan for the parking and this is reflected in the price. Calls out the estate agent to the tenants if they’ve been saying otherwise. State that the railings and trees are not to be touched. Definitely see about protecting them and get new estate agents for next time.

Why are you reluctant to contact the tenants directly? They’ve not exactly been backwards about contacting you.

Hmmm, lots of posts filled with emotion and good intentions. Fwiw, here’s my tuppence-worth as a local authority planner.

I think you’ve been irresponsibly passive since you received the first email from the tenants about this. However I think you should state your position through the terms of the contract.

if you waste your time trying to find out what the agent said to whom, and why, and when, and how, and to whom… ad nauseum, you’ll be doing at least 3 things to your further detriment -

1. Taking responsibility for finding out WHY your tenants believe that a driveway would be installed. That’s not written in the contact, and contract prohibits work without your written consent (do check this first!)
2. Sleuthing on the about may give the impression that identifying point 1 will alter your position. As it won’t, it’s irrelevant, so don’t be distracted on that issue. Park it for now.
3. Tenants are likely to think you’re the issue in all this and that you’re going back on your verbal agreement. Your lack of response will support that view. If the tenants feel that you’re being dishonest, you could have more problems going forward.

So, to put this more simply, only do what will help prevent the paving works.

I suggest you go and speak to the tenants in a reasonable fashion. You need to shift their perception of you from unreasonable and unresponsive to reasonable and considerate. Explain that there’s clearly been a misunderstanding and that it’s not and never your intention to change garden to parking.

Explain your intention to live in the property at some point. (Given their persistence re the parking, it sounds like they’re intending to rent the cottage long-term?)

Discuss, that it now seems that neither you or the tenants have got what they wanted out of the tenancy arrangement, whether it would be best that they decide to stay till the end of the tenancy or to agree an early break. Don’t go in all guns blazing as others have suggested, as they may feel sufficiently disgruntled to withhold rent and/or not vacating at the end of the agreement, and you’d be best keeping things cordial to avoid court and bailiff territory.

please also consider that the promise of parking may have been the deciding factor for the tenants in renting your property.

One final word of caution - IF, the parking is installed, but doesn’t meet the conditions and limitations of permitted development, the planning enforcement will pursue you OP as the homeowner and not the tenant! However, you could only seek redress through civil law (not a criminal). You could therefore end up bearing the cost and risk formal notice being served by council to compel you to reinstate paved area to previous condition.

I suggest you go and see them and advise them that you’ll be following up your position to both they and agents by email.

don’t make any threats to serve notice yet.

For what it’s worth, I feel sorry for the tenants too.

I suspect that the reason the tenants are being like this is because the OP has the property on the market at such a low rent and they think that the OP is a soft touch.

Just tell the tenants that if they change anything that it will need to be changed back by the end of their tenancy at their expense , that you do not intend to change the frontage to parking and have never intended to do so and if they would like to end the tenancy agreement early then you will be happy with that otherwise you will not be renewing the tenancy when it expires .

The agents sound appalling and you need to take them to take over it. I can see you are visiting them soon but you also need to put it all in writing to them. It does sound like they've at least vaguely given the impression that you'll be agreeable to installing a drive when precisely the reverse is true. If so you can make clear that you think they are being professionally negligent and if the tenants start any work then the agents will need too notify their Profin insurers promptly.

I also think you have to write directly to the tenants spelling out the position: no drive is to be installed by you or them; the agents are well aware of this; and if they undertake any works themselves then legal action will need to ensue for an injunction to stop the work and for damages to reinstate anything done, plus your legal costs. You shouldn't need to deal with the tenants but the agents clearly aren't so you need to step in to reduce the risk of any work starting without further notice.

No they can't do this. I would evict them at the end of their contract. They take the house as it is or find something else.

I would email the tenants directly and copy in the agent.
I would make it clear you don't intend to install parking and ask why they think this is happening.

A tenant cannot change the driveway situation without your consent. Your letting agent sounds incompetent and is misunderstanding that they work for you, not the tenant. I would be livid knowing the LA were taking at least 12.5% of the rent money a month and then leaving you to deal with the tenants demands directly instead of through them as you are paying them to do so. I would give notice to the LA to quit using them to manage the tenancy and find another who is competent to do so.

I would not be offering the tenants a third under the market rent. Rental properties are let as seen by the tenant, they should have rented a property with a driveway if that was their requirement. They sound very cheeky and entitled. If you re-marketed your property for rent today and depending on where you are in the U.K, due to a shortage of available properties, you would get about 25+ applicants offering the full market rate. I don’t think your tenants realise what a good deal they already have. Best of luck x

You don’t need a preservation order. It’s just a no. Email agents, then ring agents to make sure they got the email. Say you want written confirmation back they have received the email.

Email tenants saying no. Give notice for tenancy ending at the 1 year mark.

Find a new agent.

And if you are really worried ring highways and make sure it’s not happening. You could do this biweekly until the tenancy is over if you really are worried.

Bi weekly; I mean every other week. No way will a request and work be completed in that time period.

This email obsession is white noise. You have to get off your derriere and physically visit estate agents and tenants. For instance when did your agent last check your property? I'd be doing a check myself personally.

Not RTFT, but if they do the work without consent, then it's criminal damage.

I've been a private tenant all my adult life and would not dream of doing this.,Serve notice to tenant and agents.I wouldn't hold my breath about getting any owed rent back though.

Having read this, and as a former LL myself, I’m not sure you’re cut out for this role OP 😂
You need to contact your tenants directly, in writing, to explain in no uncertain terms that there have never, and will never be plans to add a driveway and no further requests will be considered.
I’d also definitely give your current agents notice and move to an agency that will actually do their job properly.
Depending on how your tenants react, I’d also be letting them know the tenancy agreement for the property will not be renewed in July and give them the freedom to exit early if they wish.

Of course the tenant cannot change anything without your permission!

You don't want it done......end of story, directly tell both the tenant and the agent., in writing, follow up with a phone call to both. Just say you don't wish to do it.

Note..... the tenant took the property as it is...they have no say in this.

A mature garden, if destroyed, is irreplaceable. It seems like the tenants may have been lied to, but their expectation that they can go ahead with the work themselves is completely unreasonable.
It wouldn’t have hurt you to respond to the tenants and explain that you were forwarding the email, though.