Tenant put large shed in garden without asking

ruggedtoast

In other news: Landlord furious after tenant dares to treat house like her own home.

zzzLazyDaisy

OP, you remind me of my first landlord (who was renting out her home while she worked away). Shortly after moving in, I went to visit my sister for a week.... and came back to find that the landlord had let herself in, and left me a letter objecting to me leaving the house unoccupied, and intructing me to notify her if I went away in future.

You have to let go of the fact that this place was once your home. It is the tenant's home now, and unless there is a clause in the tenancy agreement that forbids the erection of sheds and other such structures, you will just have to accept that it is none of your business if she wants a shed in the garden of her own home.

prowla

I think that the tenant should have asked before building the shed, and perhaps if that's not covered by the contract then a suitable clause should be added for next time.

However, assuming it's not an eyesore and attracting complaints from the neighbours, it might actually be an improvement to the property.

I have to say that building a shed shows good intent by the tenents IMHO.

telboyo

zzzLazyDaisy wrote: »

OP, you remind me of my first landlord (who was renting out her home while she worked away). Shortly after moving in, I went to visit my sister for a week.... and came back to find that the landlord had let herself in, and left me a letter objecting to me leaving the house unoccupied, and intructing me to notify her if I went away in future.

Surely a Landlord is not allowed to do that!
The last property I rented I changed the locks ASAP after moving in. A few weeks later I received a phone call from LL asking me if I had changed the locks?

"How did you know that?"

"Oh er I um I was just suggesting that you do change them because you don't know if the previous tenantstill has a copy"

The point is that a LL canot enter the property without notice without good reason e.g . in an emergency. This LL had obviously tried to get into the property whilst we were at work and found the locks changed.

thegirlintheattic

Why should the tenants ask permission? They have erected a small freestanding structure, that is temporary. As long as there is no damage then there is no problem. It's the same as putting a BBQ in the garden or some raised flower beds. As long as you are not altering the structure it's fine.

ognum

many of the posts above regarding your attachment to the house and to the neighbours are correct I am afraid.

You really need to keep this in your buisness life. it would have been polite to ask about the shed but they don't have to!

You need to distance yourself from your ex neighbour, tell them if there is a parking issue then talk to the tenants, if the tenants are parking illegally tell them to talk to the police.

if the shed causes damage then it can be reinstated from the deposit. Is the LA doing inspections or are you?

Take a deep breathe an try to be less emotional if the tenant doesn't pay the rent then use your powers to remove them, otherwise let them enjoy their home.

ognum

DebiT wrote: »

Either the majority of people posting on this thread are the most laid back, easy going people on the planet, or they are all tenants.
If I was a landlord myself, I possibly wouldnt mind if my tenant put a shed up, but I would expect them to ask first.
I would also want to know if they intended to take it with them when they left, and if so I would make sure they understood they would be expected to leave the garden in as good a state as they found it.

not so, I am a landlord!

PoisonIvy

Are you going complain about their choice of furniture and linens too? You are getting wound up over very temporary changes. The shed can be removed, and plants, grass etc can be replanted by the tenants. It's their home, not yours. (Every former owner-occupier I've rented from has failed to realise this. WHY?) Stop expecting your tenants to live your lifestyle.

The lease presumably says that they need to return the property to you in the same condition (less reasonable wear and tear). If they don't, then that's what the deposit is for.

As for the first month rent being late, there may be a reason other than "they're taking liberties." I was once nearly late on my first month's rent because my previous landlord (also former owner-occupier) took six weeks after checkout to return my (unprotected) deposit because he was "too busy". If your tenants are now up to date, you shouldn't have complaints. (For those suggesting serving notice - how? Don't arrears need to be at least 8 weeks?)

ognum

Are you using a letting agent? The speed that letting agent pass on rent is very variable. was the rent actually late or late getting to you?

tbs624

OP - I agree with the majority of the respond posts - you seem to have got this shed "issue" out of perspective

kiwigirl wrote: »

Maybe, but to date they didn't pay rent on time the first month they were there (and allowed a delay without a thanks), been told lies about who's living at the property and let that slide,

Deal with late rent payments promptly and in a professional manner - don't store it up as a " and another thing.....". Send a rent statement , with a formal request to bring payments up to date and remind the T that the roof over their heads will be at risk if they don't pay in full and on time, as per the tenancy agreement.

kiwigirl wrote: »

(I'm currently paying £216 per 4 weeks to put my things in storage rather than build a shed at my current place).

..so this is what's really irking you?

kiwigirl wrote: »

If they'd have asked and I could've said as long as back to how it was fine if I keep part of the deposit but not to be asked is the annoying thing. When I rented I even asked the LA to ask the LL if I could make the back garden more secure at my own cost (for his and my benefit) and said I'd remove it when I vacated, but at least I asked.

Yes, it would have been the right thing for the T to have discussed the shed installation with you in advance, and you could have confirmed in writing, at that point, the conditions attached to her doing so. ( You still can confirm the conditions) Unfortunately, the fact that you think that not only should the T put the garden back how it originally was ( correct, if that condition was evidenced by jointly signed inventory at the start of the tenancy), you also expect to be able to make a retention from the T's deposit ( wrong). If the T reinstates the garden you have suffered no loss.

kiwigirl wrote: »

The son who was only supposed to be there for about a month is still there 4 months on, won't move his car for his mum to get in / out so the neighbours been told to move their car all the time, to let the mother in / out.

T cannot of course sublet a room but unless the property has been speicfically designed for single occupancyonly , then the T is permitted to have guests/family members to stay . T is responsible for their guests' actions/omissions.

However, you perhaps need to step back from becoming embroiled in your former neighbour's issues - provided that the neighbours themselves are not blocking shared access then if they don't want to move their car, they can refuse to do so and politely suggest that the son moves his.

kiwigirl wrote: »

I know how much problems I and others had trying to sort out the gardens beforehand, which I don't think she'll bother rectifying when she leaves and then complains when she doesn't get all her deposit back!

Crystal ball in your hands? You should now confirm to the T ( in writing) that she is obliged to return the property in the same condition as when let to her, save for fair wear and tear: as mentioned earlier, you will need to be able to show what that condition was

kiwigirl wrote: »

Maybe she's having to put the shed there as the other neighbours complained about the cat fouling their garden - my imaginary cats apparently used to foul their garden all the time!

So you are familiar with the fact that some of your former neighbours can be "difficult"? Some OO's can become quite petty when a neighbouring property is let out - encouraging them to continually spy/report on your T's actions can create unnecessary friction.