Newbie and naive tenant

BonandDom

We moved into a rented house in 2014 having sold our house. The house is a detached with a large garden, specifically chosen for that reason, and that the landlord allowed dogs. The agent was aware of this being one of 'must haves'.

About a month after moving in the house next door came up for sale, and being nosey as you are I checked out the details and was disturbed to read that there was a possible option to buy some of the garden. (Our garden loops round to the back of next doors house).

I contacted our agents and was told not to worry about it and she'd check with the sales team to see what was happening. Completely forgot about it then.

Fast forward to October last year and the house next door was sold, fast forward to May this year and we received an email asking for access to the back garden so the agents and our new next door neighbours could take a look and discuss boundary issues.

This is where our naivety comes in, the boundary issues being discussed where how much of the garden our neighbour wanted to buy.

The sale has now been completed, I had been advised that we had a legal right to block access and not allow the erection of a fence, which effectively removes a third of our garden.

We are on a AST, with a new agreement only signed in July this year for 12 months. Although the agreement does not specify the size of the garden the inventory does show photos of it all, including the part now sold. The was no amendments to the agreement in July, even though the agents knew, but had not informed us at this point that the garden had been sold.

Do we have any legal recourse? Specifically we would like to move, although the LL has refused a mutual surrender unless we find find replacement tenants or pay marketing costs. I realise that they are within their rights to refuse the surrender but feel strongly that we no longer have the garden we chose the house for.

marksoton

Ouch.

But what i don't get is if you knew the land was maybe up for sale in may why did you resign in July if it's so important to you?

BonandDom

marksoton wrote: »

Ouch.

But what i don't get is if you knew the land was maybe up for sale in may why did you resign in July if it's so important to you?

Because we love living in this village, and the house and didn't 'know' that the garden had been sold and had previously been told not to worry

elsien

Are you wanting to move because you're miffed because you weren't consulted or because a smaller garden is a genuine issue?

Asking as someone with a largish mental dog and a minuscule back yard.

Does the house and the nice village not cancel the loss of sd of the garden? What area does it still leave you?

BonandDom

elsien wrote: »

Are you wanting to move because you're miffed because you weren't consulted or because a smaller garden is a genuine issue?

I'll be honest, a bit of both, more the lack of garden with three border collies the big garden was important to us. The LL has been a nightmare throughout the tenancy, having only just replaced a faulty boiler after over two years of reporting faults.

QUOTE=elsien;71420586]
Does the house and the nice village not cancel the loss of sd of the garden? What area does it still leave you?[/QUOTE]

Not really, the rent we pay was for a house with a big garden, similiar houses in the same area with the same size garden we have been left with are alot cheaper. The garden area left in total is 200 sq foot, which may sound like a lot but alot is lost to trees/ponds and a very steep bank.

franklee

The garden in full is yours for the duration of the tenancy (unless the tenancy agreement specified otherwise). The landlord cannot remove it from the tenancy without your consent. You write as if it's been fenced off, ask for the fence to be put back to original. The garden is as much a part of the tenancy as the spare bedroom and you wouldn't let the neighbour use that would you? That's is sold it is not your problem presumable the neighbour becomes your landlord for that bit and why did their solictor let them buy land subject to a tenancy?

Alternatives are to ask for a rent reduction to compensate but if the garden was critical for the dogs why did you let them take it?

BonandDom

franklee wrote: »

The garden in full is yours for the duration of the tenancy (unless the tenancy agreement specified otherwise). The landlord cannot remove it from the tenancy without your consent. You write as if it's been fenced off, ask for the fence to be put back to original. The garden is as much a part of the tenancy as the spare bedroom and you wouldn't let the neighbour use that would you? That's is sold it is not your problem presumable the neighbour becomes your landlord for that bit and why did their solictor let them buy land subject to a tenancy?

Alternatives are to ask for a rent reduction to compensate but if the garden was critical for the dogs why did you let them take it?

Yes the garden is currently being fenced off, I did approach the agents to explain that we felt the garden was a part of the tenancy and that as we were still paying the full rental we were legally entitled to use of it all.

I was naive to my rights throughout the whole process until quite recently, having spoke to Shelter they said we could deny them access. However, when you are talking about me (a decrepit old woman:rotfl:) against two hulky fencing contractors and a very angry next door neighbour I felt intimidated and scared.

I really was not aware until two weeks ago that we could stop them taking it

Guest101

BonandDom wrote: »

Yes the garden is currently being fenced off, I did approach the agents to explain that we felt the garden was a part of the tenancy and that as we were still paying the full rental we were legally entitled to use of it all.

I was naive to my rights throughout the whole process until quite recently, having spoke to Shelter they said we could deny them access. However, when you are talking about me (a decrepit old woman:rotfl:) against two hulky fencing contractors and a very angry next door neighbour I felt intimidated and scared.

I really was not aware until two weeks ago that we could stop them taking it

You're missing the point. Your LL is responsible, not you.

They aren't trespassing as they own the land. But your LL needs to compensate you for the loss

mrginge

BonandDom wrote: »

Do we have any legal recourse? Specifically we would like to move, although the LL has refused a mutual surrender unless we find find replacement tenants or pay marketing costs. I realise that they are within their rights to refuse the surrender but feel strongly that we no longer have the garden we chose the house for.

The landlord has offered you a way out, which sounds entirely reasonable but you would like to move out at no cost to yourselves and have the landlord incur a void period and have extra marketing costs.

Your alternative is to stay there for the remainder of your fixed term.

BonandDom

mrginge wrote: »

The landlord has offered you a way out, which sounds entirely reasonable but you would like to move out at no cost to yourselves and have the landlord incur a void period and have extra marketing costs.

Your alternative is to stay there for the remainder of your fixed term.

I take that to mean a LL can remove some of our home, which I would have thought would be a breach of contract, but we can do nothing about it?

I do appreciate that LL's often have a bad deal with tenants, but in this instance surely the LL has some responsibilty to inform us that the garden was sold and ask us to agree to allowing the new owner to take possession?

davidmcn

BonandDom wrote: »

I take that to mean a LL can remove some of our home, which I would have thought would be a breach of contract, but we can do nothing about it?

You haven't been lawfully evicted from the garden, so can remain in possession of it and leave it to the buyer to sue your landlord for not providing vacant possession...