Can our landlord...

orlwaysbroke

Can our landlord dig up the garden with a mini jcb in order to lay telephone lines for the house they are renovating next door??

Came back from work to find 40 foot trench (long not deep!) and a mini digger parked in my garden for the night!

When landlord was contacted, response was "it's my garden - I'll do what I want".

I'm sure this is a breach of my AST on the grounds of not allowing "quiet enjoyment" of the property. If it is, would it be reasonable to abate some of the rent. And if I am witholding a proportion, what would be reasonable.

Would 25% for the affected days seem fair?

PLUS we've just found out by accident that the builders for the renovation have been plugging their tools into our outhouse :mad: .
The build started in January, and they've had all manner of lights, heaters and tools for the task.

What do we do - we can't prove how much electricity has been used, or on how many days. (I thought the bills were a bit steep!)

Any help on either would be gratefully received,

G_M

Sounds like a breach of 'quiet enjoyment' indeed.
Howevr, you'll need to go to court (small claims) to recover damages and/or get an order prohibiting further work.
Just because the LL has breached the contract does not give you the right to do likewise, so keep paying your rent.

Get a padlock for the outhouse.
And a wheelclamp for the jcb?

Write to the LL (get your complaint in writing) complaining about the work, and enclose your invoice for what you believe to be their likely electricity usage.

DVardysShadow

Pull the fuse to the outhouse for a start. The garden is yours for the duration of the tenancy and if you are blood dynamo minded and have a court fee, you could get a court order to stop the trespass, because that is what it is. In this instance, I would deal direct with the contractor.

satchmeister

DVardysShadow wrote: »

Pull the fuse to the outhouse for a start. The garden is yours for the duration of the tenancy and if you are blood dynamo minded and have a court fee, you could get a court order to stop the trespass, because that is what it is. In this instance, I would deal direct with the contractor.

The contractor is probably innocent in all this and has been told by the LL ' no problem - go ahead and use the power point in the shed, it's all mine.'

theartfullodger

Write a calm, sober and polite letter advising landlord (& agent if there is one) that no more visits - to the whole property including the garden, of any nature will be accepted without prior written agreement, which you are not currently giving. If you have one, copy it to your solicitor (but tell him to do nothing yet).

You have an absolute right to refuse all & any visits by landlord, agent, surveyor, workmen, repair-man (careful on that one), inspectors, prospective tenants or possible buyers.

Equally, Ll has an absolute right to give you notice to quit at the end of your fixed-term or with a minimum of 2 months notice thereafter

(Assuming you are in Engerland)

I would advise against withholding rent - normally creates too many probs... See what his response is to letter & discon the outside electrics..

I'd be inclined to include an invoice for your disruption to date: Think that will be replied to with a notice to quit.

If there are any further trespasses feel free to call the Police for harrassment.

Cheers!

Artful (landlord since 2000)

orlwaysbroke

Thanks to all above

The notice to quit is likely, but we are actively seeking a move anyway, as when we moved in the nearest neighbours were 1/2 a mile away, and as a result of LL renovating the barns/sheds, we will be part of a mini village!!! (I was working for the LL at the time planning permission was granted and it was inferred that my job/house would be in jepardy if I objected - based upon the LL's assurance that only minimal work would be done for a few years - that was last September!!! :mad:)

In addition the deposit was not placed in a TDS, so when we leave we'll end up claimimng through the courts for the statutory compensation - so a few quid for rent reduction is hardly worth the hassle.

Truth be told, it's the rudeness which gets up my bum!!!

tbs624

Well the good news is that the LL cannot serve you with a valid s21 notice of intent to repossess whilst that tenancy deposit remains unregistered. If they do serve I wouldn't say anything - let the LL discover the hard way and have to start all over again. Dont withhold rent or you may give him S8 Grounds to seek repossession.

However, don't assume that you *would* get awarded a penalty payout of 3x deposit amount - if LL returns deposit ( outwith tenancy) or registers it whiles you are still a T then he will probably get away with it.

Follow Artful's letter suggestion and, as the others say, de-fuse the out house or lock it up. Under an AST you have been granted *exclusive occupation* and your LL has to understand that means he has to seek your agreement.

DVardysShadow

satchmeister wrote: »

The contractor is probably innocent in all this and has been told by the LL ' no problem - go ahead and use the power point in the shed, it's all mine.'

Agree. Suggest contractor is told directly so that he is aware of what is happening.