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

Hope everything is Ok Op!

It does sound as if the agents have miss sold.

Hopefully the tenants won't want to stay when the realise that there will never be a parking place.

A street where I used to live had a lot of Victorian terraces & quite a few had turned the front garden into a parking place-taking down walls & rails to do so.
(garages at the back!!)

Looks bloody awful!

I think it is now a conservation area.

I agree this is very likely the agent's fault, but don't understand why the tenants want a rent reduction if the space isn't provided, when the rent's already discounted - unless the agents are actually charging them full whack and pocketing the difference?

Otherwise I agree with most others: get rid of both tenants and agent and start afresh with better ones

You can only solve this by SPEAKING to the agent, and possibly too with the tenant.

1. Ring agent and ask exactly what they have told tenant about parking space being created. Make clear that this will not be happening and you require them to tell the tenant in writing (email fine) and to copy you in.
2. If you don’t see this communication from the agent within a few days, email or drop a letter through door to tenant. State you aren’t clear why they have thought a parking space will be created and apologise if the agents have been misleading, and make clear that this will not be happening. Be clear the tenancy was created without a parking space and continues with the same situation.

Op, you cannot be a LL unless you’re prepared to SPEAK with at least the agent and deal with potential tricky issues or conflict. It’s vital.

On a positive note, no council will authorise a dropped kerb without the permission of the owner. If you are worried, contact the council to say you don’t give permission and ask them to make a note in case the tenant contacts them, claiming to be the owner. It is highly unlikely to actually happen, but will reassure you if you’ve made that contact.

The tenant might give notice and move out. If they persist in asking for a parking space or being awkward about it AFTER you’ve clearly communicated, then you might want to give notice. But you should first make sure you know they’ve heard the right message as it sounds like the agent hasn’t communicated clearly.

Have you been to check on your house recently? I think I’d want to go down there to make sure they haven’t done anything to the lovely garden.

Why are you dithering and fannying about with historical photos?

Email them both back now and tell them it is not going to happen.

Although I suspect that work has already started because of your dithering.

I absolutely agree with PPs. You need to take the matter firmly in hand, and also let this tenant know that you won't be renewing the lease at the end of the AST period.

Does the agency manage everything for you? I only ask as I wonder how the tenant got your private contact details? If the agency is supposed to manage everything for you and they've given out your email address (probably to get the tenant off their backs), I wonder if this is a breach of data protection guidelines.

If the agents have mis-sold the property on the promise of a paved parking area then the tenants have followed the recommended process for correcting any thing that needs sorting and if mis-sold then that would include this. The tenants actually could be being very professional about this and seeking legal advice. There is no evidence that the tenants have ever been told its not happening.

The tenants are in a fixed term so can not be served notice.

I would respond to the tenants and ask why they think it's happening and that you will never give consent. Offer to release them from the contract and sack the useless agents

You can only solve this by SPEAKING to the agent, and possibly too with the tenant

I agree about the communication, but certainly wouldn't be doing it verbally ... with a mess like this I'd want everything in writing, and preferably with proof of delivery

How desperately do you need the tenants?
I would be considering an answer that involved giving them notice and getting new tenants along with a new agent. Both parties sound a bit suspect and like they might well do the work and worry about you being upset afterwards.
As a PP said, this also sounds like the tenants are being lied to and the agents are the ones causing this issue. It does sound like the tenants were sold this with the understanding, albeit verbal probably, that a driveway would be installed.

The agents have probably lied to the tenant (inorder to get it let fast) and to you.

You need to have a conversation direct with the tenant, followed up with a formal letter, making clear that no changes can be made to the garden and that if any changes are made you will sue the tenant for the full cost of putting the garden back to its current state including mature trees and cost of your time and aggravated damages.

You also need to have very strong words for the agent as they aren’t doing their job.

I can't understand why you keep forwarding their emails to the agent and not reply yourself (although granted the agent should be dealing with them, but clearly agent has given them your email). Just reply saying no you do not give permission for them to do this work, then at least you have a record that you've refused permission, should they attempt to have this work done. They're only on a 1 year tenancy. Don't let it re-new!

I guess it depends on what’s in the contract but I doubt it. Doesn’t mean that they won’t get some dodgy company to do it though!

Sounds like agent isn’t doing their job. If you are paying them to manage the let, you should not have any direct contact from the tenants, all you should get is a bill at the end of each month.

The fact that these tenants are breaking this could be the agents fault (sounds like they’re pretty unbothered) so I’d query them on this and their lack of responses to you and look at moving your business elsewhere when possible.
or it could be the tenants. In which case get rid at earliest convenience.

I’d suggest doing a bit of digging and then moving your business away from both parties!

As so many pp have told you, you don't need to look into it, you don't need to prove anything. You just need to say 'it is what it is, it ain't changing, like it or lump it'.
This is one of about five threads this week which leave me astounded at people's lack of assertiveness when they are so clearly in the right.

Give them notice now that you won't be renewing their contract, tell them. No drive is going in and change your agents. And charge the going rate.

Also I would try contacting the planning department in the local council and in a short letter explain that you own the property and it is rented and you do not give permission or will not be requesting a dropped curb. Request that is they receive a request for permission that it is denied.

The whole point of an agent is that they deal with everything for you, assuming that you pay them to manage it and not just find the tenant.

The agent should not be contacting you about this as all they have to do is tell the tenant that it won't be happening and to stop asking.

The agent needs to put it in writing to the tenant that they are not allowed to make any changes to the property and that should be the end of the matter.

Put the rent up, and if the tenant keeps asking about it, then give them notice before they can damage your property.

I would also look into changing agents if they are taking your money and not doing their job properly.

Also, contact the council and get them to record that you are the homeowner and do not give permission for a dropped kerb at your property.

The tenants are in a fixed term so can not be served notice.

Yes they can be served notice now. They just can’t be given a vacate date earlier than the expiry of the lease. The OP said they moved in in July.

If it’s the standard 1yr lease that began on 1 July 22, the LL can serve notice after 6 months ( 1 Jan 23) notifying them to vacate the property no later than 30 Jun 23. If the LL doesn’t want to renew the lease the latest they can serve notice is 60days prior to the lease expiry, or 30 Apr 23. But there’s no rule you can’t give a tenant more than the minimum 60days, you can serve notice early so long as the tenancy had run the minimum of 6 months.

But I would be taking with agent and seeing all the correspondence between tenant and agent before making a final decision in case the agent did mis-sell the property.

It sounds like the tenant has been misinformed. If the agent isn’t doing their job properly I would speak to the tenant directly and find out what they have been told. Maybe find a new agent. I would worry they won’t put in a dropped curb and just be bumping up onto your garden!

How dare they! Of course they can’t change the front garden to a driveway. Just give them notice and find someone else.

Also please make sure you know what you can and can’t do legally @Oldsu

some of the suggestions on this thread would simply get you in potential bother.

The agent needs to put it in writing to the tenant that they are not allowed to make any changes to the property and that should be the end of the matter

While very true, the fly in the ointment here is if the agent really did say parking would be provided in order to secure the rental - somethng they're hardly going to admit

Basically OP seems to be stuck between a bunch of people who can't be trusted, so as many have said the only option is to take control of the situation

I’m not sure the agent would have made expensive promises in this rental market. It’s a feeding frenzy out there with dozens to 100s of applicants on each rental. An agent would not have had to do anything to secure a tenant, they’re spoiled for choice.

As well as an email or recorded letter, ask your agent to do an inspection ASAP taking lots of photos. Particularly of the garden and any significant trees.

If the agents told them they could have parking they should/would have notified you at the time that those were the terms and it would be stated in the rental agreement. If it’s not in the rental agreement neither have a leg to stand on.

The agent is may have said something vague like “you can ask for the work to be done” etc.

Personally, I think it’s more likely that they’re just crap at dealing with pushy tenants now.

You need to write a strongly worded email to the agents to arrive Monday morning insisting it’s their job to deal with “persistence” and to outline the legal shit they will be in if they do not clarify with the tenants that they are not to touch the garden.

That completely depends on the area tbh.

Round here there are still plenty of rentals available because of a recent glut of social housing new builds.