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

Architect here
That isn’t going to happen any time soon
If there’s a really old tree given what you’ve said you could get a TPO but even then it’s pushing it t8me wise.
Ive been waiting 6months and we re listed

Suggest calling conservation officer at the local council planning department and talking to them
They are overworked generally, but if you use terms such as preservation, historical interest etc. they’ll see you are on the same wavelength.
You might even get them To have a look on site. With a view to listing the property. If it’s a conservation area that would be a bonus as they’d need permission anyway.

If they start work you’ll have to get an injunction. Which costs 10s of thousands,

Speak to your agent and speak to your tenant.

You need to know if your tenants are just ignoring your agents or if your agents are useless. The latter is a high possibility as many of them are.

Then you need to, in writing, make clear to agent and tenant that you will not be giving permission for that to get done.

from the withholding rent comment I think there’s a good chance your agent may at have implied, or outright said, that this was something you’d agree too.

I only discovered how shit my first agents were when I bumped into the tenants after they’d left. I know quite a few LL’s who were similar.

They may also be trying just to get a rent reduction. Maybe you should arrange a meeting with tenants and estate agent to make sure they both are fully aware of what can and cannot be done at the house, but either way it’s your house, you decide what you want doing to it. Presume the agent told the tenants parking and dropped kerb was something that could be looked into, but they need to know it’s not what you want.

You have had good advice above. To me the most important thing is that your tenants are made aware of the fact that if they go ahead and do any work it will be treated as intentional damage to your property, not only will you not be paying for it, you will take action against them. Basically though they need to go and you need a new agent.

I’m a solicitor but this is not my area so obviously not “advice” but what I would do. I think the email drafted above is really good! I would send this to the tenant and CC the agent, then put it into a letter and send by recorded delivery to both of them too. Regardless of what the agent says today. Take back control!

You shouldn't need a preservation order, it's your house! You do however, need to get rid of the agent, they have clearly given your tenant the impression that this work is going to happen. They probably just told them it would before asking you, in the expectation that they could persuade you. I'd send a letter to your tenant explaing that this work will not happen, and if they start work, they'll face legal action. If you do feel that you need to take further protective action, I'd instruct a solicitor to send a letter to your tenant.

Dear agents, if you are unable to clearly communicate to our tenant that under no account are they allowed to redo the front garden as a parking lot then you will be liable for fully restoring the garden if they have done anything to it. If you have made it clear then you will have to chase them for the costs for this restoration - as the property manager ensuring the property is suitably maintained including that the front garden is MAINTAINED NOT destroyed is your responsibility. Based on the communications from them you haven’t been clear with them yet- I’d like to see what you have sent them to understand why they are expecting us to start works that we are absolutely not going to do. Any works in the garden would have us immediately consider it a breach of the tenancy agreement and we would seek eviction. Could we please have a phone call early next week to talk this over?

id want it crystal clear in writing that no permission is given and that you will hold the agents responsible if this isn’t made clear to the tenants. I’d send this to the tenant too. Then at the end of the year I’d find new agents and new tenants.

Ps. There’s no such thing as a preservation order on a house
preservation orders are on trees
A house gets listed for protection
A conservation area also helps, in a way, protect an area and buildings within it

As well as seeing EA and that email, you should servenotice, change agents, get house up to market rent (advertised as no protected parking). You’re going to end up with rent being withheld, or perhaps worse with irreversible damage to your garden. People who withhold rent aren’t going to see it as their responsibility to return your garden back to how it was.

Ps
If you do find the agent has made promises to the tenant
This is
MIS SELLING
Use that term on them and they will jump through hoops to get it sorted

my son was mis sold a tenancy. Different issue. I threw that ‘term’ at them and it always sorted in seconds

They can lose their licence if they mis sell.

My worry would be that they have already done the work / started it.

I also suspect the agent mis-sold the property. I would at the very least drive past the house to see its current state.

Yes I agree, I really don't think it's the tenants who are at fault here. The most likely scenario us they've been told they're getting a drive by the agent, probably when they first signed the tenancy agreement, and their correspondence is just a reaction to the fact they they haven't got their promised drive yet! Wouldn't you be pissed off too? I wouldn't evict yet, they might want to stay without the drive, and be good tenants. You might need to sweeten that a bit, as there right to be angry. Apologise, explain it's the agent's error, maybe offer a rent reduction for a short time. Explain that you've sacked the agent and are getting a competent one.Tbh they'll probably be so pissed off that they'll give notice anyway, and they might try to get some sort of compensation. I very much doubt that would lead to anything though, they don't have a good case for compensation, and the agent would be liable.

Tenants who think they can withhold rent to blackmail you into doing work you never said you would do are not good tenants. I would serve notice on them and the agents and start again.

I would be very worried if I were you. Our council is next to useless and I doubt it would check ownership. Also many drives do not have dropped kerbs.

I would ring and email them both.

They absolutely can't do this and I'm amazed the agents aren't telling them so. I would give them notice and get new tenants.

You don’t have to research or justify anything
it a straight no

id send a blunt and direct email to tenants and agent

saying you give no permission for garden to be changed and never will

any alterations to garden will be treated as damage and you want it left in the same condition as when tenancy commenced
many damage will obviously come out the deposit

They absolutely can not do this, find out why they think they can, did your letting agent suggest that this would be OK? Let everyone know that you will not be and never said that you would be providing off street parking, if they are unhappy then they can leave.

@Everyonehasavoice what does the agent/landlord need to do if the tenant has been mis-sold the property? What would the agent be able to do to rectify that, as they can't give the tenant a drive? Does that mean they would in fact be entitled to take legal action and get some sort of compensation?

This is batshit. Stop being accommodating OP. Make a stink in the agents, serve notice on the tenant and get someone decent in at market rate. There’s a housing crisis and tenants like these will never have a good ending.

If they absolutely need their own parking, they should have chosen a house that had it. Plenty of people wouldn't be bothered by the lack of private parking (myself included) & TBH would be thrilled with a house with a lovely garden instead, & at an advantageous rent too!

TBH I'd be suspicious that they might do the work either way. I'd inform them that you will not be changing the garden, & as the house is obviously not suitable for them you won't be renewing their tenancy. As it's a 1 year lease at present, AFAIK they still have to pay it (or suffer consequences, IDK what?) And the knowledge that they aren't staying long term would probably discourage them from going ahead with such an expensive project.

I like @IamtheDevilsAvocado'so email too. And the suggestion that if the work does go ahead without your consent, you will ask the agent to prove that they clarified with the tenant that you don't consent to permit or provide a parking space, & will pursue them as well as the tenants to rectify any damage done to the garden.

I’d also serve notice on them. Regardless of whether they’ve been misled or not by the agents I would not want tenants in my property who think it’s fine to write snotty letters threatening you like that. Nor people who seem to think it’s ok to get major work done and then send you a bill and threaten to withhold rent. And I’d point out to them they’re paying below market rate.

they may not have a legal right to do it but from a practical pov they probably can get it done. I had a drop kerb put in, the council never asked me for proof I owned the house, or they cared was that someone paid. So they probably can get it done without your knowledge or permission.

Give them notice, get new tenants and ones which are paying the market rate. Having low rent does not do you in favour in the long run, not just from lower income but also from the idiots you get.

And I’d also send a recorded delivery letter direct to the tenants saying they must not get the work done. And keep a copy. I wouldn’t trust the agents to pass messages like this on and you don’t want the tenants saying nobody told them not to do it.

No, no and no. We rent our first flat out for a bit under market value as the tenants are reliable, good at fixing stuff and they are friends of friends of friends and there isn't an agency involved. But you're giving cheeky randoms and an even worse agency free money and they are still absolutely taking the piss.
If you really can't handle the idea of being an accidental landlord (and it is tough, we didn't have a choice as we had to move but couldn't sell) and don't mind getting 1/3 off the rent, ask the council if they have a scheme where they look after the flat and use it to house council tenants/refugees.
We did look at it but the rents are low, but you'd be doing something worthwhile and they cover repairs etc etc:
This is what I mean
www.southwark.gov.uk/home-owners-services/private-home-owners-and-landlords/earn-money-from-your-property

As someone who is currently getting planning permission for a dropped kerb (we have converted our garden into a drive), it's not that simple, and the request would have to come from the property owner. Also, you can't park on the driveway without the dropped kerb, as legally you're not allowed to drive over a pavement without the dropped kerb to access a drive, you can park on said pavement, but not use it for access. It does sound like the agent has made false promises, I'd definitely contact the tenant directly.

Well the tenants clearly have no respect for you or your wishes and I'm not sure what you're paying the agents to do if they're allowing this to continue!
I'd personally serve notice on both of them and start again.