Anything else we can do? Quiet enjoyment of garden

CharlieRabbit01

Hi

I live in a ground floor flat with front and rear gardens, we've been here for just over 2 years.

Over the last two years a gardener has randomly appeared unannounced and cleared the gardens.

We don't mind a gardener coming if this is the landlords wishes but we object to him turning up unannounced.

We have written to our LA and told them this each time the gardener has appeared stating that it is disconcerting to come home and find the garden dug up or walking past the windows to see someone there.

The latest incident was yesterday and we have contacted them again.

I have also spoke to the gardener on teh occasions I have seen him and gave him my mobile number as he said he pops round weather dependent so I said well just text me then, which he hasn't.

Is there anything else we can do? I presume "quiet enjoyment" also applies to the garden which is in my tenancy agreement?

silvercar

I would have thought that most tenants would be delighted that someone was doing the gardening for them for free. And the mild disturbance was worth it on balance.

Just shows you can't do right for doing wrong.

CharlieRabbit01

It's not the doing the gardening for free that is an issue its the doing it without my knowledge.

I don't think anyone would appreciate a stranger digging up their garden unannounced.

King_Slayer

I won't mind my garden being done for free, however I agree with OP, I would get annoyed by the unannounced visits. Can't see the harm in a polite courtesy call/ text to say that they will be round on a certain day.

ognum

I have a gardener for one of my properties, I always ask the tenants if they want to use him, it's a big garden, if they prefer to do it themselves then that's fine I cancel him for that tenancy.

If they want the gardener I leave it to them to organise the visits, I can't get involved with the minutiae.

pmlindyloo

You have two very simple choices:

1. Tell the letting agent that you no longer want a gardener and will do it yourself (check what it says in the contract first)

2. Keep telling the gardener to text you before he comes but if he doesn't then just put up with it.

Sorry, 3rd option. Give notice.

fairy_lights

What does your tenancy agreement say about the garden? Have you asked your landlord if you could take over responsibility for the garden and maintain it yourself?

Guest101

4TH Option: put a lock on the gate - If you have one.

G_M

5th option - next time the gardener comes, send him away firmly ("it's not convenient today")and tell him to contact you to arrange visits in future (and /or arrange an alternate date there & then.

Then also write to the landlord (cc the agent) at the address provided informing him what you've done, and listing all the previous occassions (dates) when you've raised the issue. Make the letter reasoable and polite not angry/confrontational.

CharlieRabbit01

TA doesn't specifically say who should care for the garden.

Initialy we said no gardener we were happy to do it ourselves.

Gardner still turned up unannounced so we said fine, but please let us know even if its a rough he'll be round during the next week.

turns up again, no notice, we spoke to the gardner this time as i was in and tripped over the bags he'd left on my doorstep, and asked said i wanted to know if he was coming, he said he'd feed this back.

I walk through my flat less than full dressed (because my rear garden is enclosed and no one can see in unless they are in the garden) and there he was again. I told him again i didnt know he was coming he appologised and arranged to come back later and also took my mobile so he could text me next time he was coming.

Arrived home yesterday to half my garden ripped up. and rubbish bags stacked against the wall.

I can't do anything about the front and the rear gate is shared access so can't lock that either.

laidbackgjr

Given what you've said - I think you are best off on Option 3 - Give Notice and Move.

Sounds like it's a big issue for you and it doesn't sound like the landlord / gardner are going to do anything about it and it will be virtually impossible for you to enforce anything different.