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

Dear agents/tenants,

We have communicated with you numerous times about this - the last time was x.

Our FINAL clarification :We have NO idea where the notion came from that we would replace the pretty cottage front garden with a parking space...

Either allow this /pay for it.

This has NEVER been our intention to do this /allow this.

It would fundamentally change our property, which we DO NOT want/allow.

Under NO circumstances is this to be done. If it is, immediate notice will be given and we will persue you for remedy.

If this is unacceptable to you, we are happy to agree an early break to the tenancy agreement.

Please respond within 7/ 14 days( by x date...) either:

1. agreeing to leave the property

or

2. agreeing NOT to get ANY works carried out on our property: Country Cottage for the remainder of your tenancy without our EXPrESS written permission.

Please reply by x.

If this is not done we will? What? (can you issue notice yet? /)

I'd be getting new tenants and new agents. If they want to do that sort of thing they have to actually own a property not ruin yours. If they wanted a house with parking then they should have chosen one with parking.

Massive cheeky fuckery afoot.

Why on earth do you feel sorry for them?

Ive heard numerous times of agents actively lying about landlords intentions and also tbh, tenants implying that something has been agreed.

1/3 rent reduction is massively generous for lack of off street parking!!

I'd point this out in any comms too....

Actually id be so fed up with the comms about this id be binning the agent too...

Also it looks as if you can give the 8 weeks notice now as they're on statutory periodic (rolling) tenancy.

Im sure someone legal will correct /advise 👍

Just give your tenants notice, get a new agent and start again.

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

Email renter directly explain its not happening, you have no knowledge/never agreed to this.
Give notice and evict asap.
Negotiate partial refund from your letting agents for being totally incompetent (they either lied to this guy / didn't vet him properly / havent managed his expectations of the property properly.... any combination of this means they aren't providing you a full service)

Fire your letting agents

Do this.

Hopefully this issue will resolve itself, if the lack of parking is an issue for the tennant they will be wanting to leave if you don’t go along with their plan. Let them go and get new tennant OP. Rental properties are in such demand you won’t have any problems getting a new tennant and change your agent while you are at it. Good luck.

When is their tenancy up? I wouldn't carry on with these people, regardless of the agents failing they are asking you for a discount for something they want!

That to one side contact them direct and tell them you do not give permission for thr works to be carried out and off street parking is not included with the property. Stopping them first is the urgent thing. Do you have the original advert? If you do include that.1/3 reduction is ar too much too, ask a few local agents or look on rightmove for similar properties and go from there.

Then deal with the agent separately az others they are not doing their job very well.

I’m suspicious of the agent. 1/3 below market seems crazy. Is the rent paid to you directly or the agent? Are they an independent agency or High Street? There are strict rules around wrong and misleading information when marketing property, both rental and sales. Sadly some agents imply or ‘make promises’ to get the ‘sale’ as they are commission based, even for rentals.

Immediately email tenants and advise them work was never planned , agreed to and won’t be carried out. Copy in agent. Phone or visit agent and ask them to clarify. Use a different agent next time.

Of course not
They don’t own the property

Tenants can’t make material changes without your permission

I think your first question is to the agents asking what their interactions have been with your tenants

I would be really concerned with what the agency have been saying to the tenant as it very much sounds like they have been given false hope that works are going to be done and that they are frustrated with the length of time its taking to be completed. I would definitely try and get to the bottom of this with the tenant. Have you also checked the home to make sure no other big changes have been made without your consent?

A they are on a one year agreement so why would you invest in this anyway. B) the council needs to approve. Chances are they will say no. Definitely email the tenant and c) why are they dictating to you the amounts HNY of rent they pay. Your estate agent or whomever is useless. I would be asking them to make up the difference if they cannot manage the tenants. Finally the tenants are already acting like CF so I would be thinking about ways to get rid

You apply to highways for a dropped kerb, not the planners

Tenants can’t rip out planting, trees etc. They have an obligation to keep in good order but not to decimate
Your agents have pulled a fast one and promised them parking….oh yeh that’ll be fine…kind of remark
Talk to the agents
See all written correspondence between tenants and agents
Then tell the agents to speak to the tenants
Assuming of course the agents found them in the first place

Tenants cannot make these changes, I assure you. It would count as criminal damage.

I think is clear from the OP that the tenants can and probably will do the work regardless of permission, simply by taking matters into their own hands.

To answer your question on whether a building company will check the Land Registry to confirm legal owner, I highly doubt it. It's never come up in all the years I've had building work done.

So as others have said you'll need to be very direct with the tenants or you might come back to a driveway

You need to deal with this sharpish and speak to the tenants directly yourself telling them no.

Similar happened to me a long time ago. I moved in with a partner and rented my flat out. The second set of tenants didn't pay their third months rent. I rang the agent who was mysteriously out of office for days. Rang the tenant direct to be breezily told they had paid for new carpets throughout and wouldn't be paying next month either to recoup! The existing carpet was a year old. When they viewed they didn't like the dark colour and wanted beige, so the agent told them to do what they wanted and I'd pay!

I finally spoke to the MD of the agent and kicked up a massive stink. The money turned up in cash through my letterbox and apparently he never went back to the job...it was bizarre. Nice carpet he paid for in the end though.

Anyway. No. Tell the agent to handle this, that any changes are absolutely not happening, you want it in writing from them and the tenant or notice will be served. Tell them verbally and in writing, and I'd probably write to the tenant and say that you believe they have been sorely mislead so you are happy to invoke the break clause in their agreement. Go take pictures too.

I rent through a local estate agent and I am going to go in today with all the paperwork I have including all emails from agent and tenant and find out what they have actually told the tenants, I also have had another idea not sure if it will work the cottage was built in 1839 and my local heritage centre has a picture of it along with the 5 others built at the same time, the others have no railings or front gardens now so I am wondering if I could get some sort of preservation order as it could be seen as historical interest, 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

Id be looking for new tenants

I agree with all the pp's. You need to stop being such a wet blanket and a doormat and deal with this. Ring your Agent. Ask them what they are doing, why tenant is emailing you and hassling you. I think you should consider writing to tenant as pp suggested and say that if this continues you will give notice.

It’s your house OP, the tenants cannot make alterations. You don’t need to go down the preservation route, which would mean getting listed status. That makes life complicated and expensive when you do repairs.

I am a tenant and would never dream of doing this.

Yes, go into your agent and make sure they understand that it is NOT to be done, say you'll change agents if they can't act on your behalf.

Send a strongly worded letter to the tenants directly (or even go to see them? Not sure of your rights here but I've always been in direct contact with my own landlords) and make sure they know they aren't to do this, and that it will become a legal matter if they attempt it. And they are to pay the full rent, otherwise they will be evicted. To be honest, I'd get rid of them anyway if their tenancy is almost due.

Make sure the council knows about this in case anything was attempted re. dropped kerbs. They may also advise regarding having the frontage protected.

Op that’s insane. You don’t need to do any of it. Email them back “there won’t be any work done.” Cc in the letting agent.

Based on pp and her rent and carpets. We can all predict that this persistent mouthy tenant is going to do said work anyway without your permission and then quibble about the rent.

How often does Agent inspect properly? Have you seen it lately? How would you feel if you later found out house had been changed /damaged/by tenant?