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

It sounds as if the tenants are under the impression that the garden is going to be made into off street parking.

why wouldn’t you contact the tenants directly and ask them?

i wouldn’t look to getting the house or garden listed as historically significant, it would make selling in the future difficult.

Been a busy day had to take a taxi to the house (we don't drive) and could see the garden has not been touched, we took pictures of this.

I have been to the agent and actually they HAD told the tenant several times via the emails they showed me that I had made it clear that the garden would not be changed but as they said the tenant wouldn't let this rest and kept asking, they said they would contact the tenant but mindful of what people have said on here I said I would send an email myself and copy them in

I have sent the tenant an email making it clear that the house does not come with a parking space and the rent reflects this and that I have seen emails from the agent explaining this to them I have made it very clear to them that no work will be undertaken or considered and they do not have permission to do any work themselves I am going to wait and see how they respond but I think the next step is to get rid if they wont accept what I have said.

Well done, Oldsu. Fingers crossed they understand that now.

Agreeing with others. You are being far too passive.
The email from the tenant needs a response that they are not to destroy your garden, there has never been any intention to have a parking space instead of your much treasured garden. The rental reflects the difficulty in parking - but I think you were conned into the reduction.
You should have done this at the first request about when the work will be done.
Tell the Estate Agent to tell them they cannot do this, and to give them notice, and change agent ASAP. Ie don't let them advertise for a new tenant.
Get some recommendations for a new agent. They are a variable lot, my experience is the the big chains are useless, go for local firm with a good reputation.

Sorry, missed your update, cross posted.
Glad you have made it very clear.

Why didn't you knock on the door when you were there?

Landlords aren’t allowed to pitch up at tenants houses unannounced.

They will have to tell the tenants there wasn’t permission for a drive from the owner
Then if the tenants are savvy they’ll have to take it up with the agents, (if the agents have told them they can have one. ).

That's good, I'm glad you've told the tennant. But given the agent wasn't in the wrong (I'm quite surprised by that tbh, from the wording of the tenants emails), I'd be tempted to give notice. Someone who demands you rip out the garden, and threatening to do it themselves if you don't, when they have been told clearly it can't happen, is not someone I'd want as a tenant.

Anyone can submit a planning application for any piece of land or property. You don't need to own the property to get planning permission.
However, a tenant cannot do work to a property without your consent.
Tbh I would give the tenant their notice. But also reply to their email making it clear they don't have permission to put in parking and that permission will never be forthcoming. As PPs have said, it sounds like you need a new agent too.

@Oldsu - really glad to read this! Great moves! You possibly need a more assertive agent in the long run, though!

Write to the tenants pointing out that they do not have permission to make changes, that no-one has suggested that they can, and that you will never give permission for it.

Well done @Oldsu for getting it sorted so quickly. Bit worrying that it's the tenants who are being so pushy, I'd think seriously about telling them their tenancy ends in July so it's not worth them getting any ideas

They cannot get the work done as tenants.

You need to visit your utterly inept agents in person and instruct them to sort this immediately. I take it you're paying them a percentage of the rent to manage the tenancy?

They are not managing it well enough. To come back to you with 'they are very persistent' is just ridiculous.

It may be in your interests to serve the tenant an eviction notice then change agencies and start afresh.

Glad nothing has happened to the garden, I’m sure you were relieved.
Tenants really do sound like a nightmare, hope they lay off.

You have a plan now which will show them they can’t walk all over you

Of course they can.

It’s illegal, and they shouldn’t, but they can which is why the OP needs to stop fannying about and speak to them, urgently.

They need to be more firm with the tenants, and you need to be firm that they’re ONLY to contact the agent.

It’s your property, they can’t just demand changes are made. The tenants and agent both sound useless, I’d change them both.

Because that would be a stupid idea.

Landlords can’t just pitch up unannounced.

Thanks, I didn't know that. If it was me I'd still have knocked the door though on the basis that they'd been emailing me directly when they should have been going through the agent.

No matter what they say just give them their notice! Take control it’s your property.

As an aside, I would query with the tenants if it was promised by the agent that the work may be possible in the future. Some agents say things that are untrue to get people to take a tenancy.

My Mum has had issues with this as she is a semi attached to a rental. There is a small private car park to the back of the houses and the agents routinely tell new tenants that the nearest 2 spaces are theirs but they're not. Mum is the house owner and the 2 space3s comes with the house. She has had to produce her deeds several times to prove this.

It might be an idea to send a solicitors letter to the tenant stating clearly that you have never, nor will you ever, approve any works to be undertaken on the front garden/dropped curb and make sure the agent is cc'd in.

Laying your position out legally now will put you in a much better position.

But again, I do think giving notice to both tenant and agent would be a good idea too!

I'd arrange a visit to inspect the property if I were you , just to check if they have done anything to the inside

These tenants sound like more trouble than they are worth to be honest. I’d be issuing an eviction notice to be honest.

They sound insane! They are short-term tenants, too. Why would they think you would make expensive changes like that for them?

Plus, I imagine OP wanted to check the condition of the house and then speak to the agent (which they did) to find out exactly what the agent had told the tenants before doing anything further.

As it turned out this was the right course of action because despite the scepticism here, there agents had very clearly told the tenant that a drive was not ever going to be an option.

I hope that OP can get the buggers out quickly - they're beyond cheeky!

Even if they choose to remain for the rest of their 12 month tenancy, if it was me I wouldn't renew because I wouldn't be able to trust them.