Landlord Building New House On Property I Rent - What Are My Rights?

marbled

I've been renting a two bedroom house with a nice big garden, yard down the side of the house and a nice big forecourt/driveway, for nearly 3 years. 

Two months ago my letting agent told me the landlord had permission the month before I moved in to build a new house on the property - which I had no idea about until then. The new house cuts my back garden (grass) in half, removes the yard beside my house, and the forecourt/driveway will be concreted over (the garden) to make space for 5 cars. 

I have asked for a rent reduction with my letting agency, but have been told the best I can expect is a rent freeze.

Key points:

• Big driveway and my garden out front I have spent a lot of time and money making look nice, will be concreted over for parking for new house
• Big yard, where I have my daughter's sports equipment, gone for the new house
• Big back garden cut in half, with a big 6 foot fence cutting most light out - the fence will be nicely cladded for the new-build, but not for my side
• Big shed with decent lock replaced by a shed 40% the size with a lock that can be pried open with a spoon
• Bathroom window being blocked up - losing a lot of light upstairs - as that's where the new-build is
• Possible toilet waste extraction pipe going through my bedroom, as for fire safety reasons, it can't go through the new build
• I work from home and now am going to be working on a building site
• Electric meter box will be moved from outside and into my living room
• My back garden gate will now open onto a public footpath, with bikes, scooters and public walking up and down all hours of the day - I live next to a very busy retail park
• The new house has a conservatory that blocks light into my kitchen door
• I have to, rather than having my bins and recycling picked up from my driveway, have to walk it over my garden grass (in winter), out of the back gate, down past bikes and pedestrians, and around the houses for its collection point

This week they are ripping up all the concrete from the yard, expecting me to clear my items with nowhere to store them - the shed can easily be broken into, and as it's so small, they've said I can use the new-build shed (again, rubbish latch) to store my bikes and garden equipment until I find somewhere else. I have to work from home whilst they rip up all the concrete.

Next week they want to lay new concrete - mixers, generators, etc. whilst I work - and then start building.

Are they allowed to do all of this, seeing as I signed a tenancy agreement for the house, as is with no toilet out-pipe in my bedroom, and garden. They won't offer a rent reduction and only a possible rent freeze. 

They are rushing through with the build, and I have to store all my outdoor equipment in bad sheds, as they have until mid Dec to start building, as per the approval they have - a fence has already gone up..

I rented this house as it was a great location, with a big garden and drive for me and my daughter. That's all gone now, and in summer, my garden will be in the shade!

Slithery

No, they're not allowed to do that. You would be well within your rights to refuse them access to the property/land.

RAS

They may have planning permission but you have the right of quiet enjoyment of the whole property that you have been occupying for nearly three years.

I can't imagine you'll want to live there after this is finished.

Refuse to allow any workmen on the property, change the locks on the house if you haven't already.

Expect the LL to issue an S21 notice more or less immediately, but there's a decent chance that they will have screwed up at least one condition if they are this clueless about tenancy law.

Meantime start looking for another house, assuming you have at least 6 months to find somewhere.

And call the police if they turn up. Can you mean-time secure the gates in any way?

The LL can wait until you find alternative accommodation and might be wise to help you make the transition.

marbled

Slithery said:

No, they're not allowed to do that. You would be well within your rights to refuse them access to the property/land.

Hi, thanks for your reply. They've started "building" in that they've put the fence up and ripped up (I forgot to add) a big decking area and BBQ that'd been built. What can I do now they've started/starting?

theartfullodger

Go and carefully re-read your tenancy agreement: If it states e.g "63 Acacia Avenue" as the property then you can tell them to F O and refuse access. 

But if it states e.g. "63 Acacia Avenue, excluding garden " then they have some rights, but access to garden could be argued over.

Kindly let us know what tenancy agreement states, please.

marbled

RAS said:

They may have planning permission but you have the right of quiet enjoyment of the whole property that you have been occupying for nearly three years.

I can't imagine you'll want to live there after this is finished.

Refuse to allow any workmen on the property, change the locks on the house if you haven't already.

Expect the LL to issue an S21 notice more or less immediately, but there's a decent chance that they will have screwed up at least one condition if they are this clueless about tenancy law.

Meantime start looking for another house, assuming you have at least 6 months to find somewhere.

And call the police if they turn up. Can you mean-time secure the gates in any way?

The LL can wait until you find alternative accommodation and might be wise to help you make the transition.

Thanks for your reply. The landlord/letting agency don't have keys to the property, as a new front door was fitted two weeks ago and I've not seen anyone from the letting agency to give them a key - so it's easy enough to lock the back-gate and not give them access. The issue is, to what ends? As, like you say, I'd need to find somewhere else, with the rental market pretty poor for options right now and comparable houses being a lot more expensive.

Obviously, being here nearly 3 years, rent always on time, etc. and no issues with house inspections (if they photographed the house now it looks great, compared to what it was like when I moved in).

I get from what you've said I can put my foot down, but I don't know what I'd be able to do then, as I would have no choice but to move before being evicted?

marbled

theartfullodger said:

Go and carefully re-read your tenancy agreement: If it states e.g "63 Acacia Avenue" as the property then you can tell them to F O and refuse access. 

But if it states e.g. "63 Acacia Avenue, excluding garden " then they have some rights, but access to garden could be argued over.

Kindly let us know what tenancy agreement states, please.

The tenancy agreement states:

"Property: The dwelling known as (address)"

The landlord changed letting agency in Jan this year, and my contract/tenancy agreement was transferred from old to new. No amendments were made known to me, nor was at any point I made aware of the new-build being constructed on the property I rent. I found out out of the blue and at no point has my tenancy agreement been discussed.

marbled

marbled said:

theartfullodger said:

Go and carefully re-read your tenancy agreement: If it states e.g "63 Acacia Avenue" as the property then you can tell them to F O and refuse access. 

But if it states e.g. "63 Acacia Avenue, excluding garden " then they have some rights, but access to garden could be argued over.

Kindly let us know what tenancy agreement states, please.

The tenancy agreement states:

"Property: The dwelling known as (address)"

The landlord changed letting agency in Jan this year, and my contract/tenancy agreement was transferred from old to new. No amendments were made known to me, nor was at any point I made aware of the new-build being constructed on the property I rent. I found out out of the blue and at no point has my tenancy agreement been discussed.

It also states the property as having the outdoor areas, decking, BBQ, etc. and the bins/access points being out the front. Also photos in the agreement show the side of the house (yard) as part of the property - where the new house is being built.

Slithery

marbled said:

I get from what you've said I can put my foot down, but I don't know what I'd be able to do then, as I would have no choice but to move before being evicted?

Tell the LL that either they agree to an early surrender on your terms plus a payment of say £10k for the hassle of having to move or the build won't be happening until you're evicted which could take them at least a year.

Are you on a fixed term contract still or is it periodic?

marbled

Slithery said:

marbled said:

I get from what you've said I can put my foot down, but I don't know what I'd be able to do then, as I would have no choice but to move before being evicted?

Tell the LL that either they agree to an early surrender on your terms plus a payment of say £10k for the hassle of having to move or the build won't be happening until you're evicted which could take them at least a year.

Are you on a fixed term contract still or is it periodic?

I need to double check, but I think it's a rolling 6 month contract

canaldumidi

marbled said:

Slithery said:

marbled said:

I get from what you've said I can put my foot down, but I don't know what I'd be able to do then, as I would have no choice but to move before being evicted?

Tell the LL that either they agree to an early surrender on your terms plus a payment of say £10k for the hassle of having to move or the build won't be happening until you're evicted which could take them at least a year.

Are you on a fixed term contract still or is it periodic?

I need to double check, but I think it's a rolling 6 month contract

A rolling 6 month contract is highly unusual. Do you pay rent 6 months at a time?

Have you been signing fixed term contracts? Every 6 months? Every year?

What was the original contract you signed? For 6 months? A year? 3 years? Or was NO time-period specified in which case it was periodic(rolling) from the start?

The above questions are relevant as the answer determines how/when you can be evicted.

Meanwhile, you clearly are paying for & renting the entire property - house and garden - and the garden cannot be built on as it forms part of your home.. You can lock the gates and deny access. If the builders break the lock to gain access, that would be breaking and entering so call the police.

At that point the LL's response may be determined by your tenancy type!

Note: change of agent is irrelevant to anything.