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

I think you can turn up, but you can't go in. Anybody can knock the door of any house.

Well done OP, hopefully that's the end of it now. Given their persistence though, I think I'd still be happier to give them notice and have then leave at the end of their tenancy.

Glad I was wrong about you agent, OP. Sounds like good next steps.

hope they leave it now!

i would serve notice anyway and get the agent to do an inspection ,if they are happy to threaten to rip up your garden , who knows what else they will do?

These tenants are vexatious. I think you need to respond and tell them politely but firmly that you do not give permission for any material changes to your property and if they were to do anything without your express permission. You are sorry that they don't like the property as it is and hope that they can find another one that better suits their needs. Remind them of their notice period should they wish to move. Alternatively, just tell the agents that you want them gone and take the hit on the possibility of a period of no rental income while you find pleasant tenants.

It would be very bad form, and a terrible idea, to turn up unannounced.

LL’s should never land on their tenants unexpectedly

I think that it might be an idea to get the neighbours on board and ask them to inform you and the EA pronto if there is even a sniff of anything.
But you can't live your life in fear of what your tenants are going to do to your property while your back is turned. Give them notice.

That's not a nice situation for you. I'm with you about the garden. Because it's lovely and you don't drive, I would leave it as it is.

Well done for making it clear to the tenants and estate agent that the garden is not to be touched. If I was you I would now be considering giving the tenants their notice through whatever the legal process is. I am sorry to say but because the tenants have been so persistent and bullying, I would not be surprised if they damage the garden when they're evicted. I really hope this doesn't happen but there's no harm in doing research into this now.

Well done OP

Just remember that it's common and normal and usually standard that the landlord can refuse most requests to alter the rented property. Painting, putting up cupboards etc etc not in the very least tearing up an established front garden and tarmacing for a parking space. Absolutely bonkers request.

Agree with people saying to give notice not only because they are unreasonable but also then it won't be worth while the tenants taking it into their heads to go ahead and start the work. I wouldn't tell them why if you don't need to

Well done today, OP.
I hope MNetters today have emboldened you to take control. I like the language you are using now!

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
It still feels as if the agency is bending the truth here. If they has said to the tenant 'don't worry, you can definitely have a parking space, we'll just have to clear it with the landlord' they could still tell you they'd told the tenant you wouldn't allow it, but the tenant's insistence would make more sense.

I think you need to take advice and ensure you give them notice in the precisely correct way to make sure there's no comeback, but as soon as you can, so that they know they'd be shelling out for a parking space they would only get to use for a few months at most if they did go ahead with this insane plan.

I hope you also pointed out to the agency that it was wholly unacceptable that their solution to a tenant who wouldn't let it rest was just to give the tenant your email address. You're paying them to deal with this kind of crap. If they did feel a need to do something, they could have contacted you to discuss and you could have sent them a letter for them to show the tenant, in which you make crystal clear there is no permission to alter the garden. I'd let them deal with getting this tenant out in July and then bin them off too.

My bet is that the tenants were told on the viewing that there would be a parking space, and now feel lied to. Chances are that they were never told the rent was reduced because there was no parking - they just thought they'd got a good deal.

I think they've also misunderstood the rules around what to do if your landlord refuses to do repairs - but this wouldn't be repairs, it would be improvement work which is an entirely separate thing
england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_private_landlord_wont_do_repairs

Speaking as someone who was a tenant until a few months ago and almost always comes down on the side of the tenant, I would

• speak to them and ask why they are under the impression that a parking space would be installed - try to find the source of the misunderstanding.
• make clear that you won't be installing one, and if they start works you will be issuing notice and claiming from their deposit for the cost of returning the front garden to its current state (you'd win). Consider having a chat with the neighbours (any your aunt was friendly with?) and ask them to drop you a message if such works start up.
• assuming they haven't had an inspection for a few months, do an inspection with at least 24 hours' notice to check they haven't been taking liberties indoors

Finally, consider sacking the agents; as a tenant I found that the best renting experiences were when I dealt with the landlord direct, and the landlord dealt with repairs promptly.

I think you need to take advice and ensure you give them notice in the precisely correct way to make sure there's no comeback, but as soon as you can, so that they know they'd be shelling out for a parking space they would only get to use for a few months at most if they did go ahead with this insane plan..

No. So that they know that if they go ahead they are in for a legal sh*tstorm.

But I'd certainly remind them that their tenancy ends in June (or whatever) and is unlikely to be renewed if this continues. And that men if they do get a renewal an economic rent will now be charged.

I think it's perfectly acceptable to turn up in order to tell the tenant face to face that no, they do not have the legal right to trash the front garden to make a parking space and bill the owner and that such threats will not be tolerated.

I think they've also misunderstood the rules around what to do if your landlord refuses to do repairs - but this wouldn't be repairs, it would be improvement work which is an entirely separate thing

Not an improvement - an alteration.

It’s not ok that you’re being bullied in this way. You need this set of tenants out. They sound prickly so I’d check the situation re: ending the tenancy with a solicitor first. If you continue renting, time to replace the letting agency too. Good luck, OP.

Solicitors letter telling them no tress, plants or iron work are to be removed from the garden and no concrete, cobbles or tarmac are to be placed in the garden. Then give them notice to quit.

They need planning permission and I any case they can't do this without your agreement.

I would go back directly and say under no circumstances Will parking are be provided nor can they undertake any such work. I would copy the estate agent in.

Also be clear the rent is below market value as there is no parking.
Honestly if thru don't like it they can move out, CFs.

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 ...

Fair enough; in that case it seems you really have got troublesome tenants on your hands. Unintelligent too, since if parking's so important the obvious choice would have been to rent one of the many places which have it

You've done the right thing in making the position clear to them, so best hope they realise this for themselves and move - though the massively discounted rent you've (IMO unwisely) set could be a hindrance here

Solicitors letter to the tenants, telling them not to change the property, and that they will be liable for returning it to original state if they do.

And give them notice for June.

Don't go and see them. It will only get nasty.

Definitely give them notice. All the rights given over the last couple of years in favour of tenants, it would be unsurprising if the government decided to give rights to tenants in the future to do whatever changes they choose. Thats the way things seem to be going atm.

Of course we can.

There are some weird ideas on here today.

a LL that thinks it’s acceptable to turn up unannounced is a very poor landlord.

Its our tenants home and should be respected as such.

there has indeed been some funny ideas. Including turning up randomly and/or just putting the rent up. Have to hope some of the MN LL’s are never actually anywhere near being involved in being a LL.