rented property and gardening

Lokolo

CharlieRabbit01 wrote: »

Thanks Clark I was beginning to think I was being un-reasonable in thinking that they shouldn't be allowed to just appear in my garden without telling me.

I waiting for a reply to my request so we'll see, but imo it shouldn't be a case of me asking to be told they are coming, the same rules should apply to the garden as it does to inside my property.

We have large windows over looking the garden and up till this point (since no one can see in unless your in the garden) I hadn't thought twice about walking undressed from my bathroom to my bedroom, I now make sure I at least have a towel or dressing gown to hand just in case some random person is in my garden un-announced.

No, the tone of your posts seems to indicate you want to go in full guns blazing against the landlord who may have thought he was doing you a favour, which is what the posters here are thinking is unresonable.

As has been said MANY times on this thread, TALK TO YOUR LANDLORD instead of going in with things such as "It is against the law for you to blah blah blah blah blah" as you seem to be going for.

CharlieRabbit01

Lokolo wrote: »

No, the tone of your posts seems to indicate you want to go in full guns blazing against the landlord who may have thought he was doing you a favour, which is what the posters here are thinking is unresonable.

As has been said MANY times on this thread, TALK TO YOUR LANDLORD instead of going in with things such as "It is against the law for you to blah blah blah blah blah" as you seem to be going for.

I have contacted them in the only way I can via my agency, as I have said previously I was trying to establish whether or not they are or are not allowed to access my garden without my permission. Is it common practice for LL to do what they like with regards to the garden.

I agree he may have thought he was doing me a favour to be honest he'd be doing me a favour if he sent a cleaner round once a week save me a job there as well but it doesnt mean i'd be happy for them to do that without telling me first.

At no point have I mentioned that want to threaten them with the law, I just want to get my facts straight.

I am sure there are many other people who'd be annoyed that someone let themselves into their garden without permission first.

Even as a child I was taught to knock on my neighbours door to ask permission to get my ball, I would never wander in without permission.

franklee

CharlieRabbit01,

If the garden is included in the tenancy then yes they have to give notice of a visit in the same way as for entering the house. However in practice many people let this go if it's a regularly expected gardener or window cleaner. However in your case no gardener was ever agreed to so in your shoes I'd be unhappy about the intrusion and loss of plants. Even if they are the landlord's plants you are paying to rent them so devastating the garden will affect your enjoyment of the property. I'd suggest you write a polite account of what happened, take photographs, and email to the agent. I'd include stating what you want to happen next, note of damage recorded on the inventory, agreement the gardener won't visit again, reimbursement for the loss of the the plants you owned or whatever.

You do not have a right to the landlord's phone number. However you do have a right to his address if you write to the agent and request it. Pen and paper type write (not email) in order to meet the legislation without question:

Section 1 of the Landlord and Tenant Act 1985

Disclosure of landlord’s identity.

(1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a) any person who demands, or the last person who received, rent payable under the tenancy, or

(b) any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

address is defined by the 1985 Act as a person’s place of abode or place of business or, in the case of a company, it's registered office..

PS: I'd ignore the ratty replies - your question was reasonable.

G_M

1) The garden is part of the property you rent. You have the right to 'quiet enjoyment', of the property including garden.

2) you should get advance notice

3) you can deny the gardener access. If he fails to leave when told, he is trespassing. You can use 'reasonable force' to remove him. However, be aware 'reasonable force' is hard to determine and the police may have a different interpretation of it to yours.

4) Have you written to the agent (yes a letter) asking for the LL's address, quoting S1 of the Landlord & Tenant Act 1985 ? It is a criminal offence for the agent not to comply in 21 days.

5) Have you checked the Land Registry for LL's address?

clark24

Herbalus wrote: »

Put signs up about the dogs, and let them out. That will stop your landlord peering through the windows!!

Oh I would, but I wouldn't want anything bad to happen to my dogs, like if they bite someone and end up getting put down

Thing is I now actually expect total strangers to be in my garden (which is completely walled/gated and fenced off.) Every now and then I'll look out the window and get a sinking feeling cos random nosy neighbours are in it. We keeps the curtains shut most of the time, and are extraordinarily glad we are moving soon (this being one of the main reasons) but I do admit to giggling when they occasionally tread in dog pooh (yes I do clean it up, I just recently haven't been so thorough )

Back to the OPs issue tho (sorry for hijack) I believe that as in your contract you have sole responsibility for the garden, then that means he cannot allow a gardener into your property without your permission, even if you had allowed it to become unkempt then he should have discussed the situation with you first.