Landlord taking half of garden

homer_and_marge

My husband and I are renting a private residence that has gardens to both front and back.

The back garden has an area of lawn and overlooks the countryside.

There is an empty detached property next door that the landlord is in the process of selling.

This morning the landlird knocked on the door and told me the house next door was being sold and that he will be fitting a new fence to the back that would give us more privacy.

I had thought he was just putting a new fence up, however after returning home from a shopping trip we were shocked to find a trench dividing the lawn, taking more than half away from us, where he will build this fence.

I have measured this lawn, in total it is 126m2 but he is taking more than half 70m2. We presume this is to be an extra garden are for the house next door.

However this spoils our interrupted views of the countryside and also affects our privacy.

We have an assured shorthold tenancy agreement for a year and have 6 months left but we were looking to extend and stay long term.

We also pay a lot of rent @ £1200 per month and are not happy with this situation.

Can anyone please advise if he can legally do this, we will ask him not to do it but feel if he does he’s in breach of contract?

If he refuses we think we could ask for an immediate rent reduction and new tenancy agreement.

Can anyone advise on our rights and if we ask for a reduction what % should we ask for? Many thanks

csgohan4

What does your tenancy agreement mention in regards to the garden and how big it should be for your enjoyment?

G_M

csgohan4 wrote: »

What does your tenancy agreement mention in regards to the garden and how big it should be for your enjoyment?

I do't believe this is likely to be relevant.

The tenancy agreement will almost certainly simply refer to 'the property' by address.

The legal implication is that the tenant is renting the entire property (and land) as defined by the Deeds (which in most cases means the Plan recorded at the Land Registry).

This would only not be the case if the tenancy specifically stated that certain areas were excluded from the tenancy.

In your case OP, I would speak to the landlord, politely as possible, and suggest there has 'been a misunderstanding'. Explain what you thought he meant when he spoke to you (just as you did here) and that obviously you are unhappy to realise you may be losing part of the garden that you are paying for.

Irrespective of how he responds, follow this up immediately with a letter.

If he said "sorry - I'll move the new fence back" then your letter says "Thanks for agreeing to......"


If he said "Tough that's where the new fence is going...." your letter says "As explained, my tenancy is for the entire property as defined in the Deed Plan, a copy of which I enclose. Kindly therefore remove the new dividing fence within the next 7 days.

Get the Plan for £3 from the Land Registry here.

societys_child

this spoils our interrupted views of the countryside and also affects our privacy.

Wouldn't think this has any relevancy . .

G_M

societys_child wrote: »

Wouldn't think this has any relevancy . .

Agreed.


But reduction in the size of garden is relevant.

Davesnave

homer_and_marge wrote: »

We have an assured shorthold tenancy agreement for a year and have 6 months left but we were looking to extend and stay long term.

It's unfortunate, but if you succeed in having the fence moved back, this may impact on your long term rental plan.

It'll likely be a case of winning a battle and losing the war.


You may not care if this garden and view are so important to you. However, the landlord will have the option of renting your current home to someone who's not so interested in these features. If he thinks he can do it without losing income long term, he will.

Only you know how likely it is that a better rental would be easily achievable in your location.

maisie_cat

You are paying for sole occupancy and are no longer going to get it. At the very least a rent reduction is in order as well as the landlord paying the council tax as the property will become a technical HMO

Norman_Castle

G_M wrote: »

In your case OP, I would speak to the landlord, politely as possible, and suggest there has 'been a misunderstanding'. Explain what you thought he meant when he spoke to you (just as you did here) and that obviously you are unhappy to realise you may be losing part of the garden that you are paying for.

Irrespective of how he responds, follow this up immediately with a letter.

If he said "sorry - I'll move the new fence back" then your letter says "Thanks for agreeing to......"


If he said "Tough that's where the new fence is going...." your letter says "As explained, my tenancy is for the entire property as defined in the Deed Plan, a copy of which I enclose. Kindly therefore remove the new dividing fence within the next 7 days.

If forced to remove the new fence the landlords next move is likely to be remove the tenants at the first opportunity as the larger garden is likely to be worth thousands but only make a small difference to the rental income. If the op wants to stay in the property renegotiating the rent is the only option.

lookstraightahead

looks at the deeds before you do anything, check where the boundary is.

ViolaLass

maisie_cat wrote: »

You are paying for sole occupancy and are no longer going to get it. At the very least a rent reduction is in order as well as the landlord paying the council tax as the property will become a technical HMO

?? The landlord isn't proposing to move in, just put a fence up.

agrinnall

Your LL won't be able to sell the next door property with an enlarged garden unless that enlargement (and consequent reduction in the size of your garden) has been registered with the land registry. Has this happened?