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

How have the agents managed to be so useless?
It sounds as if somebody has told your tenant that this work will go ahead, & has then compounded that by not conveying your refusal & the tenant's lack of permission to change anything.

Did you 'inherit' this agent with the cottage, or choose your own? -
When I forwarded the emails to the agent I asked why the tenant is under the impression that I will get the work done and reiterated that I don't want the garden destroyed all they said was that the tenant is very persistent

Because that limp-wristed nonsense is enraging & worrying.
Somebody has either encouraged or allowed the tenant to persist in the fiction that they will get a parking area.

How are you going to tackle that unprofessional & unhelpful response?
Because I'd have already rung the agent, established the name of the most senior partner, & asked them - essentially - "WTF?" & explaining that I'd be better off handling the tenancy myself if they are unable to manage it.

Frim the ineptitude of the agent's response I'd imagined you had a sitting tenant who 'came with the house'. That would have explained, if not excused, the agent's laxity. But I've now seen that's not the case, so you have options there too.

Firstly - tell the agent that if they are incapable of sorting this out & protecting your interests, they will be sacked.

Secondly - because having your lovely garden ripped out & having to seek restitution in law will be an expensive & upsetting pain in the arse - write to the tenant directly. Tell them that the agent has cocked up by allowing them to believe that ANYTHING can be changed in the front garden. Express amusement at the cheeky fucker tenant's kind offer to pay a reduced rent, let them know that there is no rent reduction available & that if they spoil your garden they will face financial & legal consequences. Conclude by informing them that if they don't like that, they are welcome to move out, subject to the usual contract expiry & notice period dates.
(You might want to get rid of them anyway, following all proper processes, if you decide they are more worry than they are worth.)

Thirdly - find a new agent, preferably via recommendation, interview them closely, tell them about Parking AreaGate & ask them how they would handle an obstreperous tenant. In other words, interview them & test their mettle. Hire the agent that you feel will best look after your cottage & your interests, then sack the current agent.
You simply cannot trust them with your property.

The tenant may be a bit of a knob with this but it doesn't sound like the letting agent is covering themselves in glory either. They should've made it clear to the tenant that no changes are going to be made, no matter how persistent they are. Sounds to me like the tenant may have been lead to believe when they signed the tenancy that it was going to be done, which leaves the fault with the letting agent.

Regardless, you are doing the right thing seeking clarity.

Cheeky sods!

they knew there wasn’t parking available when they signed the tenancy. They aren’t within their rights.
if it was damage to the actual home you hadn’t addressed then yes they would have some rights if they go through the proper channels but a massive overhaul like that needs your permission

Good idea.

When you tell the tenant about this interesting historical aspect, warn them that they are responsible for keeping your garden in good order AND UNCHANGED. Make sure you include a pic of the front garden as is, alongside a statement of your wish & instruction that it be preserved & undamaged as a condition of the tenancy.

Why on earth are you not just telling the tenants directly.....No it's not happening ?

Round my way drop kerbs need council permission and need to be done by either the council or their contractors .

There is no way any tenant can get this done to a rented property , you need to get shot of the agent ASAP and find one that knows what they are doing

I would suggest that you need to tighten up on your communications with people as your OP is a bit iffy 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 Just say it is a NO.

I'm a long time landlord with a low opinion of estate afents
This is ridiculous. My tenants can't make any house modifications without my approval.

1. did the agents let the house with the written promise that parking would be installed? Have you signed off on this? If so they need to show you the contract!
2. was your house let 'as is'? is this in the contract? read your contract.
3. just to double check - are your agents simply letting the house or is it a management contract?
4. you need to call the estate agents to get the answers. Follow up with a written paper/email trail of anything you decide
5. take photos of the front of the property now
6. i would also ask the tenants why they think they're getting a drive (if it's a lie from the estate agent the EA will try and bluff).
7. could your agents have lied? Mind lied to me. They swore blind the loft was included in the price of my flat (it isn't which means I can't extend it).
8. if the agents are at fault and you can prove it and the agents refuse to cooperate complain to the property omidsman

I am a LL, and this is what I would be doing.

Sorry to double post Op but I'd make it clear to the tenants that the lower rent is directly because of the lack of parking. Your agents are pretty rubbish and I doubt they've made this point clear

You really don't need to do historical research to prove why someone else can't modify your house! The house as key as is abs the rent is not conditional on building something they want abs you never promised to provide.

just tell them they don't have permission to modify it ans the house was not let on the promise of a parking space.
If the tenants say it was ask for proof.
If thee is a promise and that promise comes from the EA - and the tenants can price it - ask the EA where you agreed to this.
also Make sure the drive and the conditional rent is not in your contact and you did not inadvertently sign something.
remember that estate agents, architects and builders AlWAYS LIE.
I speak from long and bitter experience

Why did these tenants rent a very cute old house and then expect private parking? Seems odd.

I wouldn't email them any longer, I'd send proper formal letters by post (or hand delivered). More impact.

And it's the agent's job to deal with persistent clients. Don't forget you pay them. They are your agent.

To add
tbis is very good advice as it puts the onus of proof on them and away from you.
it's their problem to sort out
meanwhile read your contract!

With someone this cheeky, you need to be straight and firm. Tell them it's your house, not theirs, and you will not be changing the front garden. Tell them it's illegal for them to do anything to it.

Say they can leave at the end of their tenancy if they don't like it. Are they good tenants otherwise?

Get rid of the tenant, not his property, not his place to insist anything.

And the estate agent sounds wet. I'd consider changing agents. IME most letting agents are useless.

This.

You’re paying the agent I assume, why aren’t you playing merry hell at them? Of course the tenants cannot do that. The house I presume was rented out without parking. If they don’t like that then it’s tough isn’t it - they can move. I’d send the tenant a very firm email advising them the property was let without parking, you do not wish to have off road parking and you will not be doing it. They absolutely cannot just bring someone in to do it and charge you.

I would get rid of the tenant once the contract is up,and get someone else in.

I would also email the tenant telling them you haven't given them nor the letting agency permission and if they do decide to do the work they are breaking the rental contract and you will start eviction proceedings.

You don't need a preservation order! You rented it out with no off street parking. If they don't like that, well tough. Honestly evict and find new tenants. Nobody needs this kind of stupidity in their lives.

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

this is total utter garbage though as pp have said I’d be worried about them doing it anyway

the agent is the main issue and has clearly misled the tennant but the fact that the tennant emailed you the above suggests you need to get rid of both and start again. Your priority however is to tel the tennant this is not happening and legal action will be taken if they do it.

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

Contact the council yourself, explain all, & ask how you get a note attached to your property's relevant file that it is rented, a tenant has been making noises about applying to make a change & that this is NOT sanctioned by the owner.

There's probably already be some kind of process in place to help you, & maybe there are PP's on your thread wise to Local Planning law etc who can give you a more accurate steer.

Given your update about the railing etc, I'd also want to follow up to any Historic Building office within the council, about the possibility of a Preservation Order. Again, I don't know how this works, but whoever is in charge of that responsibility is likely to be interested & helpful, so get digging & get some official personnel on your side.

There may be a local historical society or some kind of guild that would be interested too. Get googling, better yet, arrange a weekend visit to start getting to know the area better. Ask the pub landlady & regulars who the local history buffs are, so you have interested contacts who might even then be prompted to keep an eye on your front garden (ooer missus).
I don't mean ASK them to, that might feel embarrassing & intrusive as a 'newbie' to the area - but if it's a villagey-type place, once you start making friends with the locals, all kinds of serendipity starts coming your way.
As you are planning to move there yourself one day, this would be a nice thing to do & find out about anyway, rather than a total chore & worry.

Good luck with it all (especially ripping the agent a new one)

and said they would be looking to pay a reduced rent until the work is done

i think it's clear from this that they have no idea they're already paying a reduced rent because there is no parking. I think both of you have been misled by the agent.

Respond to the email. Tell them you never agreed any such thing and there will never be parking installed at the property.

Bin off the estate agent.

I agree completely. They are throwing around such batshittery as the have a legal right to make structural changes to your property - I'd be worried that they've done it already, or will do it regardless.