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

My understanding is that anyone can apply for planning permission, they do not need to own the property or land. Think of property developers speculating on farm land in th hope they get permission and they persuade the landowner to sell.

Sometimes, I think people make stories up to post on mumsnet for interaction. This seems like one of those ridiculous situations where the op is a wet drip and is claiming tyrant tenants. Give them notice, or tell them under no circumstances are they to alter the house at all. End of.

This. I would get better tenants!

People who are buying, rather than renting, aren’t struggling to find homes. There’s tons out there. Look on Rightmove. If gimmepeace was to sell, how would that benefit renters?

Serve notice and wish them all.the best in their new home

It frees up space in the housing system overall - for instance the FTB who moves out of rented into owned accommodation and frees up a rental home. Or it may be sold to another landlord.

I bought my first home a few months ago and the competition was fierce. I offered on 4 houses before my first offer was accepted. The market has cooled a bit since then, but not that much. There might be lots on Rightmove but demand outstrips supply.

If you do have conversations with either the agent or the tenant, do follow up each communication with an email (copying in the other party) or a recorded delivery letter stating "as per our conversation on..date - regarding.......... we agreed that........" or I confirm that..... etc" so that there is no ambiguity.
The agents sound hopeless. It appears they have failed to communicate your wishes to your tenants.
Also, your tenants are overstepping their authority.

@Oldsu I would keep a very close eye on the local council planning website from now on. It's very easy to sign up to a weekly notification of all new planning applications, just in case!

Unbelievable-
Phone NRLA for advice on how to respond. Btw NRLA Definitely worth joining for any landlords - I’ve found their helpline to be excellent.

I would evict them, they have gone so far over a line there would be no going back for me. If they want a drive they should move or buy house.

Just to be safe, I would Email them back and cc’ agents to categorically state that:

• you already charge a reduced rental rate to account for the lack of off street parking and will not consider any further reduction
• you do not now, and never have provided any consent to convert the front garden to off street parking
• they do not have your permission/ consent to make any changes to the frontage of the property

I would probably add a final paragraph that says something like:

You seem to be under the impression that there are plans to make the changes you are suggesting, I would be grateful if you could let me know who gave you the impression that this is the case? If the lack of off street parking causes a significant issue for you, we will of course understand if you feel you need to give notice on the rental.

I do hope this makes our permission clear, I will also be following up with the agent to ensure we are all on absolutely the same page.

I would then be calling the agent to ask what the bloody hell they think they are playing at?!

"If you're going to be a LL you need to toughen up!"

You do. But not everyone can. An alternative is to tell the whole story to a solicitor and ask them to write the letters. It will cost, but may be better than getting stressed out.

Everyone is pretty much agreed you should sack the agents immediately. Nothing else works. Not difficult. Don't get another agent until you have the situation under control and then ask friends for recommendations. Let the tenant pay you direct for the next while and see how they behave. If you really find such thing difficult, get support from a friend whenever you have to meet. Everybody is entitled to find some things hard, and ask for help.

The date you chuck the tenants out depends on what the truth is. Don't throw them out before you know, in case it puts you in the wrong. No possible misunderstanding excuses language and threats like that - they think you're a sucker they can bully - get rid of them, but lawfully. Get the solicitor to state the facts, tell them their threats are unacceptable and if they so much as breathe wrong on such an idyllic garden the wrath of hades will descend on them - well, the sensible things that others have said on here - but leave a chink open for them to put the blame on the agents and apologise profusely. Tell them to send the rent direct to you [details] in future and make sure it is not a minute late. Tell them that because of their inappropriate behaviour you will have inspections made as seems necessary.

Send in someone less nice than you to inspect, with a clipboard and diagrams and an officious manner, on the grounds that you are concerned for the state of the house if they are prepared to make such threats over the garden. Check the state of the garden as well - you will have taken photos by now as suggested above. Get the inspector to take photos of every room from every angle.

Assuming they pay in advance for each month, and you have a deposit, wait for them to pay the rent and immediately send a bill for any damage, payable within seven days.

Take legal advice, if they don't pay as you say, give them immediate notice or whatever is legal. Or tell them at the time advised that you won't be renewing.

I would give them notice of eviction based on their threats to not pay rent and to alter your property without permission.
Surely your tenancy/contract states they are not allowed to alter the property??
I would go into the letting agent and tell them that you want this tenant out and that since they are not dealing with the issues you will not be letting through them again!! Maybe an official complaint to the letting agent will give them a kick up the arse??? Or maybe even a letter from a solicitor to your tenants stating that they will be sued for any unpemitted work carried out to your property

Not heard anything from them yet

As others have said. I would email the tenant directly or even better get a solicitor to draft a letter which I would then hand deliver…. Stating that the property is ‘cheap’ because there is no off road parking and because you have no intention of installing off road parking. State that if they wish for off road parking then they need to move out and that if they touch/damage your front garden they will be sued for damages!

@Oldsu - has your agent carried out an internal inspection of the property since the tenant moved in during July 2022?

I wouldn’t put a preservation order on anything because it could hinder a sale in the future.

Sorry, tag didn’t work:

@Oldsu - has your agent carried out an internal inspection of the property since the tenant moved in during July 2022?

I would serve them an eviction notice, change to a different letting agency and find a new tenant. Both the letting agent and the tenant sound super dopey. You can't change someone else's property without permission and the agent works for you so should be passing on your instructions clearly and firmly.

Sorry just read your updates.
Wow how manipulative and disgusting….
If there are issues with a house then the tenant can indeed get the work done and charge the owner… however this would be issues such a front door not closing, hearing not working etc…. They can’t move into a house without parking and insist this is changed….. maybe if it has a drive and it needed repairing they could get away with it… but not a house let without parking….. that’s like moving into a house and telling the owner you want a conservatory put on the back or a downstairs toilet installing…. Just daft!

It sounds as though the agents may have intimated the parking would be sorted when negotiating the tenancy. That can be the only reason why they think they are entitled to reduced rent til it is done.
By not speaking to the tenants yourself they have been able to continue this misinformation. I would speak to the tenants directly and follow up in writing saying there was never an intention to change he front garden and the rent has been adjusted already to account for lack of parking, and that you have no intention now or in the future of providing parking with the property.

No of course they can’t. They can’t name any changes at all to the property without your permission. I’d write to them directly and speak to the agent personally. If the agent isn’t managing the property properly find another agent. The whole situation is absolute madness.

Send the tenant a solicitor's letter stating very clearly that you do not give permission for any work to be carried out on your behalf.

They cannot make any material changes to your property, that includes the garden. Read your contract again and find where it states this or anything relevant to no parking arrangements. We rented out our house while we had a living in post. Solicitors and Estate Agents are not always helpful. For example when I found the Tennant had sub-let the house a Solicitor said I had to give them several weeks (I forget it was some years ago) notice, but on the contract it stated the Tenant could not sub-let the house and further along it said breaking any of the conditions meant they would have to leave immediately. So be ready to do your own work and use the Solicitor just for the sake of the headed letter and threat of losing their tenancy if they break the contract. You might need to be tough. Legally you are in the right. They cannot alter your property without your consent, I would have thought anyone would know that. I am shocked at the Agents and would give them a stiff talking to, hinting that other Agents exist and anyway you could probably do it yourselves.

In case it has any relevance here is my recent experience in my own house recently;
A couple of years ago my neighbours wanted to change the fence between us which is my fence so my responsibility. It is doing its job - the dogs can't escape, and to make sure I knew where I stood I asked my Solicitor. She said it was not wise to let them do anything to what was actually my property but if I did, I should stipulate exactly what they could do, what kind of fence and how they could go about it and how long they could take over it. They have been difficult on other matters so when I showed them the list of requirements I was glad they gave up the idea - as I knew they would!

Good luck with this. I know that having Tenants is not easy.

The agents have obviously made false promises to the tenants. I’d be getting new agents promptly. Also, why are the tenants contacting you directly? Are the agents telling them to? How did they get your email? If you are paying agents to handle the rental, the tenants shouldn’t have that information. Something really shady there. A change in agents and tenants are where I’d be going next. Of course, right after a strongly worded letter to both tenants and agents.