Help and thoughts please - LA being unreasonable?

Flossy87

Hi All,

I've just received a letter from the LA following an inspection of my 2 bed property (ground floor flat in a converted house).

First I probably should give a bit of background info:
The garden is shared with the flat upstairs (they have the front half, we have the back half - the front half is fenced off).

When we moved in the garden was a little overgrown, but stupidly we didn't take photos, and I don't think it was mentioned in the inventory (but will dig it out to check).

Anyhow... I've received a letter from them this morning telling us that as the garden is overgrown they want us to tidy it up asap and they will again come round to check. Now we are happy to tidy up the garden, however, where the weather has been so up and down we haven't been able to spend much time on it recently, and both of us living here work very long hours so it can be difficult to find the time. We don't spend any time in the garden (only use it to hang up a bit of washing) - as we have to walk past/through the other garden to get to it and it's a good 30 feet from my back door - which also makes it difficult to mainain.

Any way, I digress! Can they order us to tidy it up? I thought that while we are in the house we can do as we please (obviously not trash it!) We keep the flat clean and tidy and look after it well and just want to live in peace and not be nagged all the time! As I said we are happy to tidy the garden however, I feel annoyed that they are 'ordering' us to do it - especialy when we'll have to hire a petrol strimmer & lawnmower!

Also, there is a cat that lives upstairs and he sometimes comes through our window. (We're not allowed pets) After the garden was inspected the other day, the cat followed me down the path and jumped on my window and just sat there looking in. I mentioned (in a jokey way because I find it funny) that sometimes he comes in and we have to kick the cat out. Now, also in the letter they have sent they've said that we are breaking our agreement by letting a cat visit the property!! Seriously! Do they expect us to live with the windows constantly closed? I dont't know what they expect us to do about it other than what we already are i.e. putting the cat outside as soon as he comes in??

Sorry for such a long rant, they have really annoyed me with the tone of the letter. They are seriously the least amiable agency I have ever dealt with and are making me not enjoy living in an otherwise perfect (for us) flat!

I just wanted some thoughts really. We are good tennants, rent never late, front garden always tidy, flat always well looked after, we never cause them any problems and they are always very rude and stroppy whenever we need to deal with them

BitterAndTwisted

This letting-agent appears to have confused their role with that of your mother.

I'd ignore their letter and any others you receive about how you choose to live in your home. What matters is the condition of it when you vacate.

Flossy87

Thanks that's what I thought.

However, if we refuse to let them come and view I'm pretty sure they would just come round themselves- there is a side access to the property that leads straight to the gardens and any tom, !!!!!! or harry, can just want straight through and have a look through my windows or walk up to the garden.

I know they are not allowed to do this, however try telling them that! I don't want to rock the boat too much and end up being served with a s.21 (i think, apologies if i have that wrong!).

I've calmed down a little now but they really riled me when I read the letter this morning, not exactly the relaxing start to the weekend that I wanted!!

BitterAndTwisted

Do not refuse access for a periodic inspection. The purpose of said inspections are to ensure that there are no outstanding repair or maintenance issues which you may not have reported (or may not be aware of). They are not excuses to pop round and critique your housekeeping standards or lack thereof.

I'd be interested to know how you are expected to keep the garden in a reasonable state without the landlord having supplied the necessary tools to do it. What does your tenancy agreement have to say about that?

ViolaLass

I would still let them inspect the property but ignore their views on what state it should be in until such time as you leave (assuming they don't bring up more serious things like damp).

Flossy87

Thanks, we've let them in this week to do the periodic inspection which obviously was no problem.

What should I do if they say they want to come round and check that the garden is done?

Also, they say they will come round and check that they cat is not 'visiting' the property - how on earth do they expect to do that, they can't monitor us everyday, and as I mentioned before (which I did also tell them) if the cat comes in the window, we put him back out again.

I never thought of the garden tools...are they meant to provide us with items to keep it tidy? I'll try and dig out the tenancy agreement and let you know what it says.

Thanks!

Flossy87

I've jus checked the tenancy agreement:

"To keep the gardens, driveways, pathways, lawns, hedges etc (if any) as neat and tidy and properly tended as they were at the start of the tenancy and not remove any trees or plants"

That's it - annoyingly it was a bit overgrown when we moved in but it ws Winter and cold and I didn't think to take photos!

Flossy87

Oh, and I've just checked the inventory, nothing mentioned about the garden.

Fire_Fox

YOu must adhere to your AST, if don't mow the lawn regularly you will find the grass is yellow and dead in patches when you do get around to it which could mean grief with your damage deposit. Maybe pay a gardener if it's too much time and hassle and you don't have the equipment? No they do not have to provide you with a mower any more than they have to provide you with a vacuum cleaner.

IMO write to your landlord about the cat issue and anything else you feel the agent is being unreasonable/ ridiculous about ,and tell them you will not be allowing that agent to make any further inspections. You might point out that you need to open the windows to ventilate the property and keep condensation damp away (acting in a tenant like manner). If you wish to seem reasonable you might say you are happy for the landlord or another letting agent to visit. If you have clearly withheld consent the agent should not come onto the property at all, not even the side alley unless it is a public footpath (breach of quiet enjoyment).