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

@Oldsu
Are you thinking you'll serve notice when they're tenancy is coming to an end?
They dont sound like the type to pay any attention to your saying no if they have completely ignored the agent's emails. They haven't just continued to enquire, theyve actually decided they are entitled to do the work and send you the bill. Where the hell did they get that idea? They really dont sound like they will listen now that they have decided they want a house with parking.

This! I would be very concerned about what they are doing in there!

So the agents lied to the tenants and made a misrepresentation that persuaded the tenants to take the plaec. As a a result the tenants have possibly incurred a lot of parking charges. Might be a landlord claim against tenants here.

The update helps with this - there's evidence that the agents have been completely above board with the tenants.

How do you know a letting agent is lying? Whenever their lips move or their fingers touch a keyboard.

We know what the agents have admitted to. We don't know what they told the tenants verbally before they signed the contract. I have heard all sorts of tosh claimed by agents at viewings (heck, it even happened to me when I was looking to buy somewhere! Told me a log burner was included in the sale and when it came to the fixtures and fittings form it turned out it wasn't).

OP needs to talk to the tenants directly and find out where this misunderstanding originates from.

Sounds like you need to fire the agent!!! Gather all the evidence (emails etc proving that at no point have you ever agreed to this) forward them to the agent along with their notice of dismissal and to the tenant re-iterating this is not something they have permission to proceed with along with the legal requirements for the whole of the rental payments due or their notice of end of tenancy. Sounds like it's gone on long enough, get involved and ensure everyone understands!!

You have to tick a box on the planning application form to confirm you are the owner, and if you aren't there is a section to fill in to notify the owner of the application.

thanks for that

hopefully the tenant would be truthful...

OP has spoken to the agent and the agent has showed her the emails. See the OP updates.

First things first sack your agent they're obviously hopeless.
Speak to the tenant urgently and directly and make it clear that no work is being done and they must not make changes without your permission.
Enquire as to why they even think any work is being done, but reiterate it is not.
I would check the tenancy agreement your agent has put in place.
Let them know if they don't pay the agreed rent on time you will issues Cause 8 or 21.
This is all subject to what is in teh tenancy agreement, make sure your agent hasn't messed up.

I did see the update, but we still only have the agents side of the story, which may be heavily edited in their favour.

Yeah, agents have a horrible habit of promising the earth when trying to let a property (or trying to get you to put your property with them)...

I would bet that the question was asked by the prospective tenant at the time of viewing and verbally, told something positive about the landlord being open to creating parking... and is now being told it is the landlord dragging their heels rather than the truth, that it was never an option.

There is always the chance the tenant is of the batshit crazy kind who reads one thing and hears entirely another though!

Speak to a solicitor asap and make it clear to the tenant ls that they do not have your permission. I would look at how to get rid of these clowns to tbh. I don't condone making people homeless but they are taking the Michael.

You own the property. Any changes are yours and any applications to council are for you to make. How on earth can the tenant or agent be not understanding this. Its a bit obvious really. Imagine tenants of an estate all making separate decisions about things. Is it possible though that your aunt was appeasing the tenant and had intentions to change the parking? Have the tenant and agent any idea that there is a new owner? FGS

I really don't understand this post OP. You are the owner. Tenants can ask for changes but its your business and your work (eg planning permissions, paying for the actual contractor of work) The tenant can only ask for something to be done and if you as owner are OK with it it would be up to you to sort on every level. You don't need or owe excuses to the tenant however persistent they are. If they go ahead without agreement that's criminal damage to your property! You could in theory take them to court fine them and get them to make good as things were before. They have to ask your permission for everything, including eg painting interior, it's not their property! Even if there was some clause in the tenancy agreed with your aunt it would be nullified with change of ownership.

BTW please don't lose the front garden to a car park, that's horrible. Its also environmentally damaging, not just because its accommodating a car, but there is significant evidence that this is causing subsidence to properties. Owning a car when you can't park near your house is no great hardship and the road must feel nice without rows of cars parked. if the tenant has a particular need to keep their car outside then they need to look for a property where this is possible

Email letting agent and cc the tenets in the email and make it clear no work is to be carried out on the house without your written consent. Then send letters to both tenant and letting agent recoded delivery stating the same so you have a paper trail. I’d also consider giving them notice to leave. Consult legal advice aswell to be on the safe side.

They as the tenant can not legally do any modifications, building etc without your permission. My advice would be a solicitors letter explaining they are not allowed to make any modifications or put in a dropped kerb/drive and any such attempt will be mean legal proceedings against them. On top of that I would be serving a Section 21 ASAP! They clearly can't be trusted.

I would be furious if a tenant dig up my garden and potentially historic protected magnolia tree !!!!!!! I would sue them for £££££££££££££££

I believe they can't do it without your permission, that is you home, you are the owner!

The tennants seem to think they have more rights than they actually have. Maybe it's ignorance? Point out with clarity were they stand on this. Maybe they're trying it on. You need to shand your ground firmly.

I would put a copy of your email through their door too. Although the agent should have done it did you point out that it was being rented to them at 1/3 below market because of the lack of parking?

Following for an update. Did they reply to your email OP?

No reply yet but my post came up on facebook as an article in the liverpool echo they must have stolen it from mumsnet

Cover blown?? On the plus side if they read the replies on here they may realise (a) what a douche they’re being and
(b) that by carrying out this illegal work they might get their arses both evicted and sued!

Giving them notice to quit may not work either. They may refuse to go. Then you'll have a fight on your hands.