Neighbour digging up our back garden with JCB

sframpton

Hi,

We went a house which we've had quite a few issues with. EA have been very slow to respond to any of these problems, and to be honest we are kind of past the point in caring about most of them now, our tenancy runs out in May and we have recently bought a house to move into.

Next door to us is a working farm, but they are converting a lot of the old buildings into houses. Our landlord sold this land last year to the people who are developing it. Our landlord knocked on our door a couple of weeks ago and said that the new buyers were going to be putting a fence around our garden whilst they did work. I said fine. No more was said and no correspondence was recieved.

Fast forward to today and our neighbours are in our back garden with a JCB and they have dug up half of our back garden (all the planters which bordered our garden, our fence etc.). They've essentially flattened our back garden.

I've no idea what to do. I'm currently home alone with my 6 month old and wouldn't feel confident going out to ask what was going on.

Any advice please? Thanks.

Comms69

Sorry I don't see how you being alone, and caring for a child, has any impact on asking people to leave your property.

spadoosh

Dont worry about it youre moving out in May?

I cant imagine you or your child will come to any harm if you do ask them what theyre doing.

What do you want to achieve? If you want to stop them youll have to speak to them or your LL. If you want it putting right youll need to speak to your LL.

sframpton

I mean I feel a bit vulnerable! There's a load of men in our back garden and I don't particularly want to go our and confront them!

sframpton

Thanks, I think I more just want to know on whether what they are doing is legal. It just all seems a bit weird.

spadoosh

Its unlikely to be something you can ring the police over.

Youre only feeling vulnerable because you are letting yourself.

I susepct those men will have wives and children, will be gernally respectable members of society and have little to no inclination of being confrontational with a women and her 6 month old. Have they done anything to suggest they would otherwise be hostile towards you? If they have, then you can call the police.

As it is, legal or not, its a civil matter. Itll come down to the conversation youve had between you and LL, from your side, hes breaching your right to quiet enjoyment but it really does depend on what was inferred and understood in that conversation. So on that basis and the fact you dont want to speak to the men, ring the landlord for more information.

davidmcn

sframpton wrote: »

I more just want to know on whether what they are doing is legal.

It's "legal" as far as the neighbours are concerned if your landlord sold them the land and didn't tell them it was still subject to your tenancy. It's (probably) a breach by your landlord of your right to occupy the garden under your tenancy agreement.

-taff

It's not your house, it's the landlords, and he can do what he likes with it as long as he's within the terms of your rent contract.
If they have damaged any of your property [ are the planters yours?] then you have some comeback.
Putting up a new fence is not something that you can really complain about.
And you have the option to ask your landlord what's going on, it's not up to you to police the workmen

KatrinaWaves

sframpton wrote: »

Thanks, I think I more just want to know on whether what they are doing is legal. It just all seems a bit weird.

Have they damaged anything of yours that your bought? I assumed the fence is the landlords, and I would hope they would fix up the garden before they are finished.

You need to contact your landlord and say 'The workers are actually in the garden and its all dug up and I have no fence, I thought you said they would just be fencing off the garden?' and see what his reaction is. He may be mortified. He may have tried to downplay the actual works to you and may know all about it.

You could, and I probably would, ask for a rent reduction to take into account you are not able to use your rental garden currently!

sframpton

Thanks for all the advice. I'm more annoyed that we weren't told about all the work than anything else! I appreciate all your points - it's just a bit unnerving when a JCB turns up in your back garden and starts digging it up!

Comms69

-taff wrote: »

It's not your house, it's the landlords, and he can do what he likes with it as long as he's within the terms of your rent contract. -incorrect.
If they have damaged any of your property [ are the planters yours?] then you have some comeback. - The garden is the OPs
Putting up a new fence is not something that you can really complain about. - indeed it is, if people are trespassing on her land
And you have the option to ask your landlord what's going on, it's not up to you to police the workmen

Literally nothing you said is correct