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

Unbelievably cheeky - it’s not their house!

Say NO.

Yes - recorded delivery all the way with all correspondence.

Like everyone else, I'd be serving this tenant their marching orders and looking for a new tenant and agent.

What I don't understand, @Oldsu , is how this tenant is able to contact you? When I rented through an agency, I didn't have a clue who the owner was or have their contact details.

Agree 100%

Also when you get a new tenant through a new letting agency go through the contract with a tooth comb. Make sure there's a clause in there about modifications or sub letting.
I only let me house to people who love it as much as I do. If they want a house with a drive they need to look for that. Also a third reduction in price for something your house doesn't have or need is insane. You need a tenant who loves the garden! If you change to a concrete drive Will you charge you next tenant a third under market value because they would rather have a garden?'

I've charged a third under market value but only on condition that I didn't have to update decorations etc. and I've not raised rent (so it's been 20 per cent below market value) if the tenants have looked after and loved the house and given me no hassle. I wouldn't give them a discount for lack of a conservatory or parking space though!!

I think this is totally going to be down to the agents. I bet you that they have just told the tenants you'll put in off street parking just to get them to sign a contract. It probably isn't the tenants fault they have just been completely lied to.

Tell them there have never been plans to do this so you've no idea why they think there would be any work happening.

I know, which is why I've also advised on simple steps to take in tackling both the useless agent & the CF tenant.

But OP has written so warmly about the front garden & her plan to eventually move into the house, & is interested in the historical aspect herself, so it might be an activity she'd want to do for its own sake.

She'll also be legally stymied if the tenant is actually insane & rips out her nice garden anyway & she doesn't have evidence of original condition.
A pic of the garden in current condition is as essential as the "before & after" tenancy agreement pics of each room on the house.

So this sooner rather than later, they can't do it legally without your agreement, but it won't help if they start the work, destroy your garden as you'll have a fight on your hands to get it rectified.

Your agents sound awful! And so do the tenants.

I’m so glad you’re not going to turn a beautiful garden into a driveway. In my street this seems to be a theme. Most have garages at the back of the houses but they all want the convenience of a front drive. So many have ripped out the gardens and replaced them with paved front gardens. It looks awful!

Not a theme! A trend!

Crikey, have they been dealing with the most junior agent at the letting agent (or the work experience kid?!).

Are you sure they haven't done it already and are getting desperate for your consent?

Make sure the tenants know if it did get removed they’d be liable for costs of reinstating garden.

i am sure I read somewhere that if as the owner you intend to move into your own property in the future, you should inform your tenants when you take them on. It makes it easier to end the tenancy when you need to.

The agent is either incompetent, dishonest or both but if the tenant has been lied to by the agent they are as much a victim of the agent as the owner.

OP join the Landlord association as suggested upthread, replace your agents as soon as you can do so without incurring additional cost and communicate directly with your tenants to cut out the liars in the middle.

A third off is an insane reduction just for the lack of private parking - whereabouts is it that lack of parking triggers this? Or is this just more incompetence by the agent?

Agree you should also inspect the property.

Your agent is not working with your interest in mind here, they seem weak.
But to be honest so do you.
OP it’s your property, they cannot just do what they want to your property. With their so called ‘ persistence ‘ and last email ( which is actually a threat) I would also be worried that they have already got plans in place to bulldoze your garden.

You need to act quickly here, and I’d also give notice to them.

I remember years ago there was a thread on here - I assume true - of a guy who had moved to a rental property on a new development , and unbeknownst to him his landlord lived a few doors away. The wife as I recall met ‘landlord’ neighbour one day and started telling her about their plans for ‘their’ house, knocking down walls and repositioning doors etc none of which had been granted any permission form the landlord. I wish I could find it , it was quite shocking.

Give your tenant notice and change the agent. Stop being so wet, or that garden will be ripped up before you know it! It doesn’t matter if the tenant is persistent, your answer is NO. You are not “looking into it”, you have refused.

I don’t see how this is so difficult. Good rental properties are always in demand. I’d love to live in a property with a beautiful garden.

This. Obviously agent told tennants that a dropped curb would be going in. And hoped they’d be able to “persuade “ you later. The agents are conning both you and tennants for an easy life.
wirtectovtennants and explain, tell them you are contacting the agents and will be terminating your contract with them for misleading them .
tell them they are welcome to stay with new agents, but they’ll probably need to spend money on new contract, inventory etc or they’re free to leave. But expressly say that if they try to proceed with any work you will sue them. And the local authority will if they proceed without dropped curb etc which would need you to apply for it not them.
notify your agent you are terminating the contract as they are not responding and dealing with an issue they clearly created . Show evidence that you stated clearly that you weren’t providing or committing to provide a park space. Then keep all dialogue with them on this matter in case you have to go to solicitors. State that you are appalled they misled the tenants and that they have failed to respond to your requests to sort and now causing stress for you. Say you will be contacting a solicitor immediately if they try to charge you anything.

How come the tenants are emailing you and not the agents anyway ?

All communication should be done with the agent who then contacts you .

100% agree with this. By not replying to the tenants directly I think you're sleepwalking into disaster.

The tenants have told you they are going to do the work. You need to take control and stop this or it will be done.

Of course they can’t! Your agent sounds clueless - TBH too many of them are - if I were you I’d ditch and find another.
I’d have a very firm word with both tenant and agent, followed up with a very explicit letter.

I don’t think you need the excuse of a preservation order. Personally I would leave that option open . Be firm , take photos immediately. It’s your property. If they are persistent serve them with notice now. You will find other tenants.

Put everything in writing to the agent and tenant. It's also good that you are going to see the agent face to face. You can hand your letter over.
You rented a house without a parking space, that's what they get for their money.
They can't legally reduce their rent if their heating stops working, let alone not having a parking space built!
At the moment you've got a 1 year tenancy. In writing - instruct the agent to immediately give the tenant notice, with effect from the earliest date allowed within their rental contract.

Unfortunately this has got problem tenants written all over it. It's very possible that you'll have some work to do to your house when you get it back, be mentally prepared. When I started to rent the house I used to live in the agent told me to look around one last time. She said it will never feel like your home again. That was a pessimistic view, but more realistic than thinking it would still be lovely and look the same if I wanted to move back in a few years later.

Blimey this must be the first MN thread ever where the OP is a landlord and everyone has been on her side.

Good luck today OP

I'd serve the tenant their notice

They sound incredibly entitled

Also, charging 1/3 below market value because of limited parking is ridiculous. Charge full value, people view, see the situation and if they don't like it they move on

Get tough op