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

They are ignoring emails. The agents.

I've just applied for planning permission on land not owned by my employer. But to be fair with the full knowledge of the actual owner who will sell the land to us if we get permission...

They are ignoring emails. The agents.

Neither is this Rumpole of the Bailey. Nobody's going to court as a LL has knocked at their tenant's door once, to make it clear they're unable to bulldoze their front garden.

I think going forward you should ask the agent to inspect the property on a regular basis , maybe monthly or whatever is the maximum allowed and forward you photos ( if this is legal).
I would also consider serving notice at the appropriate time and not let them stay on once there years tenancy is up .

Get them out OP. And dont rent it out to anyone else. Why anyone would want to be a landlord i've no idea. Reading people on here defending the tenant, actually believing theyre entitled to demand a drive, and even siggesting rent could be withheld?? Madness, even by mumsnet standards. And these same people griping that there arent enough rentals out there. I wonder why.....

@Mummyoflittledragon

No, we have sold inherited properties on rather than bother with the faff of being a LL. I assume by your over the top defense of the tenants dreadful behaviour that you you're a tenant

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,

I'd actually be emailing the tenants back telling them if they do this you'll definitely be evicting them due to non payment of agreed full rental payment.

How on earth would listing/preeservation order etc help? If the tenant is prepared to go ahead with work they have no right to do it's unlikely to stop them. All it would do is make the OP liable to action being taken against her as the owner if the tenants do damage the property. Equally if OP was successful and they have already made any alterations those alterations could then be protected. Madness! You own the house OP - it's up to you what alterations are or are not made. In your position I would be getting a solicitor to write a clear letter to them as well as then getting new tenants and agents asap.

It is not that easy to get tenants who don't want to leave, or to pay full (or any) rent, to go.

I doubt they Would seek planning permission but I’d go on the council planning site and see if you can set up alerts for the house/street/postcode. I’d also be tempted by a solicitors letter, compared to the cost of reinstatement it will be useful Insurance and good evidence if you ever needed to sue them. But I’d get rid and charge market rate to someone who accepts there is no parking.

When the tenants say they can get their own company in to do the work and then charge you if the work is not completed in three months refers to faults like a leaking shower or a smashed window. Renting a property with no driveway is not a property fault but a choice of the tenants. Legally the tenants do not have a leg to stand on. I know it would cost you but I would consider getting a solicitor to draft a letter saying you will not be putting in a driveway and expressly forbidding them to. If the add or attempt to add a driveway they will be financially responsible for correcting it and they will not have their deposit returned until they pay to return the property back to the state it was in when they rented it. I would also give a copy to the letting agent for them to hold on file.

Do you know any neighbours who can keep an eye on the property for you

So to me the agency lied and said they could have a driveway... And that op is trying to back track..
The tenants prob genuinely think they are correct.

Did you see what the OP wrote in her most recent post, @Eastereggsboxedupready? "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." Are you suggesting the agency made up fake emails?

Confession - I haven't read the 17 pages of comments. But, no.......... the tenant cannot get this work done without your permission. If it were an essential repair to the property that was not being dealt with like electrics/plumbing/heating not working then that would be fair game, but not a driveway.

I don't understand why the tenant is contacting you when they should go via the agent.

You need to be firm with the agent that they must deal with the situation. Make it clear that any damage to your property will be charged and the tenant faces eviction for causing damage.

You may, however, be short sighted in not having a driveway if parking is an issue locally.

Hi OP, I have an empty property that I refuse to rent ever again for things like this.
We all know and wrote extensive and detailed renting contracts but learn that tenants are freaking entitled people if you are unlucky to get the sort of tenants I had - bear in mind that they were “friends” that promised to look after my house very well. In the end knocked down all my kitchen cupboards, made changes to garage, carpets and everything else they felt entitled to do.
for more that people recognises the law and that they are not “allowed”, people do it, because they don’t care about what they sIgned for and generally are “cxxxx” to be honest with you. They know thta for you to take these type of people to court will take your time and a lot of money so they still do whatever.
im sorry if this is your first rental home but that’s a lesson to learn and most often is the hard way.
good luck !

No!

and a strong worded email to your agents plus telling them you will be moving

I would also be checking if the agents aren’t charging full rate and pocketing the difference

ASTs are almost always for a year with a break clause after 6 months. Since the tenants have been in longer than the legally required 4 months and past the 6 months I am sure is specified in the tenancy act agreement (you need to check this) you can just Section 21 them to get them out. You don’t have to provide a reason and they have two months to get out.
The AST also, almost certainly stated that the property has to be handed back as it was when it was rented out, subject to fair wear and tear. Any messing around with your garden by the tenants is something that they have to undo when they leave—“restore it to its original condition”—and if they don’t you could take action against them for malicious damage. If they try to withhold any rent, obviously you can pursue them for that through the courts. If nothing has happened to the garden yet, then obviously this is academic but useful not bear in mind. It might be worth getting a solicitors that deals with landlord/tenant stuff to send these arseholes a letter. The solicitor can also serve the Section 21—it’s always worth the cost of getting a solicitor to do this because there are squirly rules about how and when it must be served to be valid and solicitors will do it properly.
If for some reason you don’t have a break clause after six months and the AST has to go for the whole year, then a solicitor’s
letter reminding them they have no right to do work without your permission, there was never any agreement about a parking space, and that the property has to be restored in the condition it was let, and that the start of any work—and for that matter any attempt to not pay the full rent—would result in a Section 8 possession order.

Go one step further. Make it clear if they do any work at all you will expect them to put the property back to its original condition when they leave.

what weirdos.

From experience I do not believe a word I hear from estate/letting agents. They generally have their own agenda

I don't think I'd want to confront the sort of tenant who ignores definite prohibitions, and makes demands and threats.

They could get very unpleasant.

For hoarding housing you don't need, in the middle of a housing crisis, I hope your council tax is on a 300% premium, as is happening in Wales.

If you don't want to let it out, that's fine, sell it. It's utterly selfish to leave housing empty when so many are struggling to find a home.

Seriously, find a lawyer dealing with tenant landlord disputes (something like Landlord Action) and get them to put the tenants in their place/serve a Sec. 21 notice. This is the kind of situation where two or three hundred quid paid to a lawyer can buy you a lot of peace of mind.

I’d be sorting this asap as it sounds like if they do it themselves they could then send you the bill to pay!!

Definitely contact the tenants direct with a copy to agents outlining that changes will not be made and that their rent of £xxxx reflects the fact that there is no off road parking. Then contact the agents and explain you will be finding other agents to take over management if any further things like this come to light.