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entry to garden without permission

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Will keep this short.

We moved out of a rental property a week or so ago but still have the tenancy running for a few more days.

LL viewed the property and mentioned things that they were unhappy with, one being the garden. We said we did not have time to sort what she was unhappy with and it was agreed that they would get a quote from a gardener and let us know. I have had contact with the LL since this conversation and nothing has been mentioned. We went to the property this evening and someone has been in the back garden removing a patch of weeds (we thought they were flowers until we were told otherwise, shows what we know). We weren't told about this and haven't been given a quote of works to be done as if we could find it cheaper we would have just employed a gardener ourselves to get the work done before we had to hand back the keys.

Where do we stand if we get billed for this considering it has been done when we are still legally tenants without our permission?

Im not trying to get out of paying for it, but with all the other antics going on I have a feeling that the quote will be over the odds.

Thanks

Comments

  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm not sure why you didn't discuss it when you spoke with the lanlord?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    You aren't liable. You asked the LL to get quotes, not arrange the work.

    Also the LL should have given you 24 Hrs notice, regardless of if you are there or not. You could (in theory) have been on holiday!
  • TDMum
    TDMum Posts: 394 Forumite
    I haven't spoken to them since I saw it. Have only just got back from the property. They haven't replied to my previous correspondance yet so I don't want to barrage them with messages.
  • Rapished
    Rapished Posts: 174 Forumite
    edited 30 July 2013 at 7:46PM
    As a tenant its your responsibility to maintain the garden, unless written that you don't have to, you had your entire period to source a quote for the works and now at the end your landlord wants a tidy property to rent on, you should have discussed it with the LL but if the bill comes through, you can source a quote then argue the difference, but weeding takes what a few hours tops, so think on if it were yours, you'd want someone to take care of it, get a flat next if you don't like gardens,

    Harsh but I'm a LL and have had the issues he's facing, it all costs time or money.

    If you have sent them messages to clear up the issue make sure you keep copies just in case you find some of your deposit is missing without your consent etc, this should not happen if the deposit is securely kept as it should be but you may find a future argument on the matter and need proof you tried.
  • TDMum
    TDMum Posts: 394 Forumite
    I understand that, Rapished but it is still technically our home therefore we have the time to rectify any issues, which we were going to do either through LL gardener or our own. It is not as if it were left as some wasteland. We have kept the garden tidy etc, the patch I'm referring to were coloured flowers, we had no idea they were weeds. If we did we would have gotten rid of them. The gardening we are willing to pay for is a hedge that apparently we have not trimmed straight enough to the LL standards which I feel is rather harsh but to be honest I just want it all done with now as there have been other issues which have soured the whole relationship.

    I am not trying to get one over or not pay out, I just feel that if we are getting billed for something our original agreement should have been honoured.

    Thanks for the advice regarding keeping messages. We have done so and will also take clear dated pictures when we finally vacate the property. The deposit has been secured so hopefully the whole situation can be sorted out in a reasonable way.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    * you discussed this with LL and agreed he'd provide quote, not dothe work
    * the tenancy has not yet ended, so charging you for work done during the tenancy is out of order - as you say, you still had time to DIY

    If you receive a bill, and if that bill seems excessive, then yes, you could dispute it for the reasons above. But you need to have an idea what a 'reasonable' bill would be! (ie get a quote yourself!). And if the bill IS reasonable, then just pay it since you had intimated you did not have time yourself.
  • wannahouse
    wannahouse Posts: 381 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    TDMum wrote: »
    I understand that, Rapished but it is still technically our home therefore we have the time to rectify any issues, which we were going to do either through LL gardener or our own. It is not as if it were left as some wasteland. We have kept the garden tidy etc, the patch I'm referring to were coloured flowers, we had no idea they were weeds. If we did we would have gotten rid of them. The gardening we are willing to pay for is a hedge that apparently we have not trimmed straight enough to the LL standards which I feel is rather harsh but to be honest I just want it all done with now as there have been other issues which have soured the whole relationship.

    I am not trying to get one over or not pay out, I just feel that if we are getting billed for something our original agreement should have been honoured.

    Thanks for the advice regarding keeping messages. We have done so and will also take clear dated pictures when we finally vacate the property. The deposit has been secured so hopefully the whole situation can be sorted out in a reasonable way.

    was the inspection when you moved out, the checkout inspection?
    it sounds like it...
    so IF you have checked out, even if your rent is still due for a few more days, then you have no right to re-enter the property, or "fix" or attend to any issues the landlord was unhappy with at checkout...
    once you check out, that is it...
    you should have arranged your own gardener before you moved out, rather than leaving the hassle to the landlord.
    if you left the property without sorting the garden, then the landlord has the right to get someone in to sort it out at your expense...
  • TDMum
    TDMum Posts: 394 Forumite
    wannahouse wrote: »
    was the inspection when you moved out, the checkout inspection?
    it sounds like it...
    so IF you have checked out, even if your rent is still due for a few more days, then you have no right to re-enter the property, or "fix" or attend to any issues the landlord was unhappy with at checkout...
    once you check out, that is it...
    you should have arranged your own gardener before you moved out, rather than leaving the hassle to the landlord.
    if you left the property without sorting the garden, then the landlord has the right to get someone in to sort it out at your expense...

    No it wasn't the checkout. That has been scheduled for the weekend. The LL is selling the house so asked to come around before we officially moved out with an agent to get a valuation.

    I have already said I'm willing to pay for a gardener but there was an agreement to be given a quote first before any works took place.
  • wannahouse
    wannahouse Posts: 381 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    TDMum wrote: »
    No it wasn't the checkout. That has been scheduled for the weekend. The LL is selling the house so asked to come around before we officially moved out with an agent to get a valuation.

    I have already said I'm willing to pay for a gardener but there was an agreement to be given a quote first before any works took place.
    well if it wasn't the checkout, then yes, you are still officially the tenants and the landlord had no right whatsoever to get someone in to complete tasks and charge you for them ,without giving you a chance to do so yourself before moving out!
    I would refuse to pay for that, and i don't see how the Deposit resolution people would award them the monies for it either, as they just sent in a gardener without your permission to do works during the tenancy!
    no different really to sending in someone to do an interior professional clean, before you've even moved out and done one yourself!
    sounds like an obsessive compulsive ,meddling landlord to me, to do that!
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