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

Send an email afterwards recapping the conversation to keep a record of what was said. Just in case things get ...'lost in translation' and it becomes a legal issue.

For once if they see the article it will work in your favour as they will clearly see they are in the wrong

There's no fight to be had if it's in England UK they just serve a section 21 then file with court if they haven't left by the specified date then the court decides the date and the bailiffs do the rest. It's their property and the tenants shouldn't be making any demands other than what is legally required, Gas certs/Landlord Cert, EPC, Electric and general maintenance plus maintenance or replacement of white goods if specified in the AST. If anything it sounds like they need to get rid of the agent and the tenant I would also speak to the solicitor and send a formal communication warning them any such work or quotes will be deemed as criminal damage and result in court action and an eviction notice. I wouldn't even communicate directly only through a solicitor at this point. Personally I would want them out of there the fact they are making untrue legal claims to modify a property that doesn't belong to them is alarm bells for me these tenants clearly don't understand rental agreements. Get them out!

Seek an injunction if you have to and you will probably find that your tenancy agreement will usually have a clause that says that they will indemnify you for all of your legal costs. I see that clause all the time.

Well They have emailed the agent (not me) and told them they will not be staying after July, I can live with that to be honest, will go and see agent today as I want a inspection done and then I will decide what to do after July I am also going to speak to my solicitor to get all my options in case they decide to stay on after July

Just come back to this thread. I’m a landlord actually with a few properties with over 20 years experience. I don’t let my tenants walk all over me. I treat them with respect and would not go knocking on their door without agreeing it with them first. Quiet enjoyment, however infuriating they are being.

As they have indicated they intend to leave, I would just serve a section 21 two months before the end of the tenancy. If you wish to re market your property, this will give you 2 months instead of one.

If they don’t then leave, you would then need a solicitor involved, not before.

I would also look for another letting agent.

Great result!
Serve notice on them anyway then they won't stay after July.

I would serve notice for July anyway. Just so they know that changing their minds and extending isn’t on.

Knowing what to do and what you can/can’t if they do stay is a good idea.

In this situation I’d tell your agent that you want copied into all and any communication. The agents should have been highlighting the issue to you so they still don’t sound brilliant.

Check and double check to make sure the notice is completed properly— that’s where a lot of LLs fall down.

I think that legally you can give them notice that you will not be renewing the contract with them in July. Don't just take their word for it that they're intending to leave, you be proactive and you make sure they know that it's your decision, not theirs, and that you will not be renewing their contract at the end of their contractual year. Ask the agents where you stand contractually on this, to make sure. I think you would only need to get solicitors involved if they refuse to leave in July after you've given them notice to leave at the end of their year's contract.

Now they have chosen to give notice, if you did decide to stay after July then the little known Distress for Rent Act 1737 would apply.

But it shouldn't come to that; if you want to make it clear that they need to leave on the date they've chosen then issue a S21 to coincide.

I'd definitely still give them two months notice for the July date - it's one thing for them to say they're going to move out and another to actually do it. Especially when they realise how cheap the rent was compared to other properties and how competitive the rental market is!

It was on the daily fail yesterday too.

Glad they are leaving in July, if you do continue to rent I would honestly find a new letting agency.

You should seek legal advice on the way your 'Agent' handled the situation aswell. Let them know that. Get yourself a solicitor now, discuss your options. Take it from there. How much was their deposit?

They possibly think that the threat of losing a tenant will make you cave in.

If so, they have really misjudged both you and the housing market.

Well done, OP - annoying that's some lazy journalist has made you into national news, but a good result from your perspective in that you can now follow the advice of experienced landlords on here without any compunction, serve notice, and be rid of them once and for all.

I hope all goes smoothly for you.

What is it that you think the agents did wrong, legally?

OP has seen the agent emails to the tenant, saying that the conversion of the garden is not an option. Should they have flagged it to her earlier? Maybe, but then part of the agent role is to be the main point of contact.

That’s sounds like the best solution OP. I think it would double, triple check next time the rental advert says on street parking only and ask to be copied in on all correspondence.

I know it’s usually the tenants responsibility to maintain most of the gardening but if you can afford it maybe have a regular gardener visit as the garden is understandably important to you and can keep an eye on it for you going forward.

If you're planning to serve a Section 21 notice for July make sure all the correct elements of their tenancy are in place, or it will be invalid:

• deposit held in a registered scheme
• gas safety certificate
• energy performance certificate (EPC)
• the government's How to rent guide

(see england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid)

If the agency have been crap about this issue, it's possible they may not have done other things correctly!

I'd give them notice for the end of the current tenancy period anyway. They could change their minds or think this may change your mind. They don't sound reasonable people.

I'd give them notice. They are being arseholes. Thy knew there was no parking space when they took the let.

I would need to see your tenancy agreement, if it is part of your agreement that they cannot alter the property without your permission (as usually is standard) they are not entitled to any changes made by you or the tenant.
I would write and say they do not have permission to alter the property and you will not alter it either, any alterations to the property will result in their eviction (it's funny how tenants usually shut up with their silly demands when you use that word.)
If they pay reduced rent, take them to court for the deficit and/or have them evicted for the deficit, they are clearly taking the piddle!

Zombie 🧟