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

Email them and the agents together.
You've never planned and would not agree to the parking.
You love the garden and it is staying.
They do not have permission to make any changes and and changes would be criminal damage and reported to the police.
Then offer them early release from the contract if the parking is not working for them. Say you'll accept 30 days notice.

Christ I know there are some ridiculously CF's in this world but I really can't believe someone would blatantly disregard a firm no.

The wording of their email really doesn't sound like they've ever been told the work can't be done, in fact it sounds like they've been told it WILL be done at some point.

You need to correspond directly with the tenant at this point. I'd have done this before now as I'd have wanted to know exactly what they're being told by the agent.

This is insane, you really need to get firm with all concerned. I would be fuming if it was my property.

Well I'd evict them. Physically visit the estate agents. Speak to your local council put a block on any plans for dropped kerb. DON'T involve heritage it will complicate any sale in the future and can reduce the value of the property

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

Tenants making threats like this ? People feel sorry for them ? Who would fire off a threatening email like this? They have no legal right to withhold rent for this .
Even if the agents have misled them have the tenants not got a brain ?

OP get down there asap and look at the garden ,and take the advice on here .

Good plan to go into the agents.

I’d fire them as they’re clearly incompetent and give notice to the tenants, who sound risky.

If you decide to keep them both then at least visit the tenants and close down the parking issues. I’d also want a property inspection.

Good luck!

The tenants are being incredibly stupid here. They’ve got a bargain, and are trying to treat it like they’ve got the right to live in the property for the rest of their lives - it’s a one year tenancy from July! They’ve shot themselves in the foot.

Yes I'd serve notice and charge market rent as an insurance policy with regard any future issues!

Also find better agents - get a recommendation for new ones.

You need to start being proactive here.

Planning permission might be required- for example if they want to pave over the whole front garden and have no drainage.

Separate permission would be needed for a dropped curb.

To get a property listed you would need to go via historic England and that could take months.

This is your property and you don't give permission. Simple as that.

You need to respond to the tenants directly and copy in the agent. The agents clearly aren't up to it.

Suggest the response by a pp, above. Do not just leave this to the agent- they clearly cannot be trusted.

I think it is entirely possible that the agents stated that you would be putting in off road parking - and the tenants have run with it.

I think the key question to the tenants us why they think that this was going to happen. If they cite information from the agent, then there is a clear case if mes-selling by the agent, who you and the tenant can both pursue.

It sounds to me as if it's not a rolling monthly contract, so I think notice can't be served contractually until a month before the end of this first year's contract, unless there is a six month break clause, which it's too late for now, I would imagine. As I said before, I wouldn't risk giving notice now for July as the tenants may well stop paying rent and it would become even more expensive and painful to get them to move out, particularly with the useless estate agent.

It's your house, get down to the Agents and tell them to stop fudging the issue , and the tenants and make it very clear this is not happening. If the tenants don't want to live without parking then they need to move out because the garden stays

Another landlord charging below market rates!

You need to go and visit your tenants and see what’s up. As mentioned up the thread, sounds like the agents have implied the parking would be getting sorted.

from how they are phrasing their emails I strongly suspect they have, at some point, actually been told by the agnets that you WILL be turning the garden into a driveway. I also suspect that subsequently the agnets have been vague about this in communicating with them and have not corrected their miconception.
I would sned an email to BOTH the agent and the tennant along the lines of:

I would like to clarify our position regarding the front garden of propery.......
As clearly communicated to agent before the start of this tennancy we will be keeping the front garden in its current form and will NOT be completing any work to create a front drive way. This was made to clear to agent before the start of your tenanncy and as such should have been clearly communicated to you before you signed your tennancy agreement.
I would also like to confirm that we categorically do NOT give our permssion for you to carry out any such work or in any way change the fornt garden yoursleves. If any such changes are made we will be pusruing legal action to recover the costs of restoring the garden to it's original state.

Very few tenants would expect to be able to do this. Most understand the terms of their tenancy. You have the wrong tenants in. Serve them notice, never mind all this getting the property listed etc. why do you think you have to do anything more than ring the agent and say "serve em notice".
If they are this persistent about believing they can make changes outside the house, then gawd knows what they are doing inside! Serve notice and get in there to inspect.

I would be furious about this. I wouldn’t email. I would go and see the agent in person and say categorically they can not put a parking space in the garden. I would go and visit the tenant and politely say there have been crossed wires, there has never been any discussion with the agent about ever using the garden for parking, and apologise if there has been any confusion, tell them your long term plans for the property. Then email both to reiterate your conversations, copy in both parties to both emails. Tell the agent if this is brought up again, you’ll use another agent. (Your property sounds lovely by the way).

Cheeky beggars, will have the work done and charge you.

I would make it plain, in writing to both the tenants and letting agents that it is your intention to retire and live in the cottage in x amount of years.
I would also add that as neither of you drive you have no intentions whatsoever in having any part of the from garden removed in order to put in hard standing and it must stay as a floral/grassed area.

It seems your tenants requirements have changed and off road parking is a priority so maybe suggest ending the tenancy when up for renewal.

I would be worrying about what else the agents had got wrong. If they haven’t put the deposit in the right place in the right timescale then you may not be able to finish the tenancy as you plan for example. There is a lot of paperwork to supply to a tenant and one piece missing makes things complicated or can involve fines. If you are demonstrating no interest then the Agent will get away with as much as possible. The ultimate buck stops with the landlord and not the agent.

Apologise, explain it's the agent's error, maybe offer a rent reduction for a short time.

Why would you offer a rent reduction when the tenants are already paying below market rent?

You are so far from being unreasonable.

Goodbye tenants!

Goodbye crappy agents!

A preservation order is totally unnecessary. Also you might be shooting yourself in the foot down the line when you want to do something to the property and can't because of it. Just tell them there will be no parking. End of. If they don't like it your happy to release them from the tenancy but you will seek criminal charges if they do anything to your property.

They may already be bumping up the curb.
Forget the wishy-washy emails.
SPEAK to the manager at the agency by phone or better still go in & speak ti the manager today.
Tell them to go & inspect, you want photographs today showing they havent already cut anything back/down.
You want them to send a recorded letter (with copy & proof cc sent to you,) telling them there is No permission & never was any intention to destroy or alter the garden, there will be no parking.
If there are any big trees they may already be protected.
The property is of historical interest & planning is not given
Any damage will need remedying

Clearly if this is a major issue they can foreclose on their tenancy.

Give the agency clear strict instructions.

This.

OP says she is going to see the agents today. Follow up with a drive past your property OP to check the exterior. Then home and send email confirming your conversation with the agent, copy in the tenants. I think it would also be worth the money to pay a solicitor to write formally to the tenants explaining no changes to be made.