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

"at least when I speak to the tenants I can tell them that I am looking into it that could at lest prove to them I will not be changing my mind"

I just despair - why in gods name would you tell them this? So basically tell them you are looking into their long awaited parking space?! I'm gobsmacked that you have actually asked if they can do the work, why would you think they could? Why haven't you put a rocket under the agent? Well anyway, its all academic now I see OP is going to visit today but I suspect they'll be back tonight posting that its not resolved.

As for the posters saying well if they DO it then just be very cross and tell them to put it back afterwards. Because that's physically possible isn't it ....

Dear Tenant and Agent,

You are put on notice effective immediately that I do not give you permission to make any alterations whatsoever to the garden, and upon termination of the tenancy, the garden to be returned in the same manner as it was on the date you started your tenancy. See pictures enclosed herewith.

If any alterations are made, you shall be liable for all financial costs of the resinstatement of the garden to its original form, and all legal costs that are incurred in relation to this matter.

The tenancy agreement does not make provision for any alteration of the garden. If you persist, then you will be responsible for all legal costs, and also lost of rental income for the remainder of the tenancy, should the existing tenancy be terminated earlier. The agent will also reimburse ( list all the fees.....)

You are both formally put on notice.

(money talks )

OP@Oldsu Please read this:

I have been a tented in MANY rented properties. I have asked to repaint interior walls in a long term rental, I was informed this would not be permissible by the landlord. I have asked to hang pictures and have been told nails in walls are not permissable by the landlord

Both of these were fine with me as I accepted and,crucially, respected that I did own the property and it was not my right to do so if denied.

You need to be clear. No grey areas, no room for confusion. The answer is No.

*tenant

I think this is likely too.

Like many others I feel that the agent has spun the tenants a line telling them that the OP has every plan to put in a parking space.

Idly thinking that perhaps someone in OP's EAgency knows the tenants? Hence OP being persuaded to give a 30% discounted tenancy because of difficulty of parking on road and obfuscation about what has been promised re converting the garden into parking. Especially since this is a short tenancy lease and the benefit to the tenant if asked to leave would be limited.

I have reservations about some EAs after DM put her London flat on the market and wondered why no one came round to view. Turned out, after solicitors were unleashed, that the agent wanted the flat for a family member and thought an elderly and chronically ill woman would take any offer if the flat wasn't marketed.

OP definitely send the emails copied to EA/tenant. And hard copies by registered post. Speak to the local council about your concerns illegal work might be carried out. As PP have said, if your tenants instal a drop kerb without Highways permission, it could all be on you.

And yes, visit the Estate Agency, with a friend or partner if you feel you might be hoodwinked. Ask to record the conversation. Take photos of the garden as is.

And for PPs saying a paved over front garden with drop kerb adds thousands - well it also adds to parking problems for those whose streets now have drop kerbs taking up parking space, besides being unattractive and bad for the environment. Above all, the OP likes it as it is for when she can return.

A mature magnolia to replace would be £5000.

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.

This is bollocks. They are CFs trying to walk all over you!

Just tell them no in writing. Point out you are charging below market rent and that if they aren't happy they are free to leave! Point out they have no legal right to change it and maybe say it would be criminal damage without your permission?

I'd actually get a lawyer to write to them and I'd give them notice. And tell your agent that you absolutely are not doing this.

Idly thinking that perhaps someone in OP's EAgency knows the tenants? Hence OP being persuaded to give a 30% discounted tenancy

My thought too!

The people to blame here are the agents. It sounds like the tenant has been told it's being done!
id speak directly to the tenant but copy the agent in making it clear that has never been the case.

Don't forget in the post is very messed up at the moment and they may try to claim they didn't receive any written communication. So I would duplicate any written communication in the form of text or WhatsApp messages and have screenshots so that you can prove they have received it.

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.

Tenants have NO legal right to do this sort of structural work. You need to make this VERY clear.

You let the property at below market rate in recognition that there is no off-street parking.

Do you have landlord's insurance? See if there's a coverage for legal fees, and get a solicitor's letter sent direct to the tenant, registered & signed for on delivery.

And if I were you, I'd arrange via the agents to make a site visit to check that the tenant is not damaging the garden, or making other structural changes to the property. I'd be inclined not to renew the lease at the end of the 6 months Assured Shorthold tenancy. You can give notice for them to leave (although a tenant that's behaving like this already may be hard to dislodge quickly).

I have no idea why you didn't reply to the very first email and tell the tenants there would be no work happening. Why keep passing it along?

You seem to be letting everyone - tenants and agents - walk all over you.

Serve notice on the tenants (although it sounds it will be a long slog to get rid of them), and likewise the agents.

"at least when I speak to the tenants I can tell them that I am looking into it that could at lest prove to them I will not be changing my mind"

The looking into it is referring to looking into getting a preservation order for the property not looking into getting the driveway done for them.

Your tenant sounds very difficult and cheeky - of course they can't demand you remove the garden, and they know that. It was rented to them without a car bay and that's that. If they want to pay less rent then they need to move out at the end of the tenancy and find somewhere cheaper.

You need to email the agent and make it clear that there is to be no further discussion about destroying the garden.

And possibly get better tenants, if these ones remain so difficult.

@Allthingsbrightandbeautifulx - I don’t think the tenants will take the same inference! Looking into it” they’ll hear “I’m looking into getting you what you want”!

Also reading further, sack the agent as well. They are useless, and sounds like they are possibly working with the tenant to get money out of you for work you don't want.

You have inherited the property so you're clearly not going to be a hardened landlord but you need to toughen up a bit.

The tenants are paying you to live in your property.
The agents are there to manage the property.

Neither can bully you into renovations you don't want. OK if they asked for an air conditioner you could agree to install it, or new carpet or whatever, but you've said no to a car bay and that's final.

They are being very cheeky.

I think you should tell them that you will be serving notice is a timely manner to coincide with the end of their contract as you will not be rail roaded by them. If they are out of contract ask the agent to sort out their notice to quit.

I'm surprised more people haven't suggested you get rid of them. They are trying to bully you and it's utter nonsence - of course a landlord doesn't need to install offroad parking on the tenants say so.

Stop dithering. Get the wheels in motion to get rid. They are taking the mickey.

Change tenants and letting agents. Make sure new agents insert no alterations to property in lease.

Not surprised this has gone to 13 pages. When incredulously I first read this this a.m. The original post could have been paraphrased "I lay on the ground and let people walk all over me".

That’s bullocks and rush have no right. Write them a letter letting them know you do not give them permission and if the go ahead there will be legal ramifications. Also maybe give them the option to break lease and find somewhere else if they want.

Don't make any comments like 'if you do this, you will have to put the garden back to how it was when you leave' - this simply gives them the idea that it's worth the risk, and
a) your deposit won't cover any remedial works
b) you can't easily 'restore' old feature like walls and rosebushes

It must say something in your AST about what is acceptable and what is not - point this out very clearly.

Jeez, landlord here. While it's great to have an agent dealing with the day to day this is a good example of where it can be problematic. You need to talk to your tenants direct now. Explain it from your side, see what they say. Make it clear you do not consent to a parking space being built, see if you can find a way through - e.g. offer to let them break the lease and move. Keep a track of what has been discussed in writing.

Get rid of your agent, find a new one, build a relationship with your tenants, if/when you re let, get involved in viewings and pick your new tenants even if you leave it to the agent to do references etc.

You need a direct line of communication with the tenants, pronto

These tenants have clearly been mis-led; I cannot believe, regardless that they think they can call the shots and say they will be reducing their rent and/or asserting imaginary legal rights to amend the property.

No they can't do this work to your property and if they do you can pursue them for the costs of putting it right.

Surely you have a tenancy agreement which does not offer parkin.