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Landlord fundamentally changing the nature of the property - internet is failing me on searches!

IrkedandPuzzled
Posts: 6 Forumite

We are long term renting a larger rural property and our Landlord is a neighbouring farmer who also owns the land to the rear of us.
When we moved in there was a long and heavy tree/hedge line to the rear that afforded total privacy to the (very large) garden which was a major attraction to us taking the place on although all parties did agree that a section of conifer was excessively high at one end and needed reducing to around 4m, which the landlord did last year although also cut down several trees at the other end of the run which hadn't been discussed, in doing so making part of our back yard now visible as buried amongst the tree line was also an old 6' wooden fence which is falling down and which he's said he's no interest in repairing at this time - it's less a security/boundary issue more an unsightly mess. However, all of the above is background to the last couple of days...
There was always someone (farm worker) living the other side of the fence in an unlicensed/no planning permission static caravan, which was absolutely fine and no bother, didn't really affect us as the back wall was towards us and you could only really see the top few inches. That has now been replaced / added to by a significantly larger one, greater height and with two sets of windows which are now directly viewing over our garden, all rear doors, gates - there's now zero privacy, anywhere. If this were a planning application for a proper building I feel sure it would fail instantly as it's literally less than a metre from the boundary.
I'm also going to investigate today if that caravan park is also draining into 'our' septic tank (I have a suspicion it must do) as if so, we're also paying for the electricity for the lift pump in it as that comes from this property. Also left wondering if the water supply to it might be a cheeky underground spur off ours, too, which matters as we're on a meter.
Generally speaking we're on good enough terms with the Landlord as we're also neighbours, and we don't really get any better as far as tenants, we do all the normal upkeep and fixing that goes with an older property, we're slowly working our way through the place redecorating/carpetting etc - but on this issue I can't help but feel an "it's my land...." kind of answer coming. The law is full of protection for tenants against lack of maintenance but I can't find anything regarding the landlords obligations to also leave well alone what was originally agreed and we signed up for - any guru's with some wisdom care to share?!
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How do you know the caravan has no planning permission. If the static caravan has been used for a long time, the farmer likely has got a Certificate of Lawful Development for the use to continue.
In the eyes of the law a "caravan" is any moveable building up to a certain size defined in the Caravan Act. That includes up to some quite large twin unit caravans that come as 2 units joined together when sited.
If he has permission for a "caravan" then he is probably quite legal changing an old single unit caravan for a newer twin unit caravan.
Do you really want to go digging up trouble and ask the council if he does have permission for the caravan?
It would be better to just discuss your issue about privacy and re address the issue of putting up a fence to screen your garden from the caravan. If I was the farmer I would see that as a good solution.0 -
I suspect the issue is that the tenancy you signed up for will only cover the plot you are renting, and not have any mention to the adjoining fields/land etc, so the fact the caravan at the other side of the fence has now been replaced with a larger one is nothing to do with your tenancy.
What I would do in your situation, especially as you're on good terms with the Landlord, is just have a conversation with the Landlord, express your concerns about the lack of privacy now and see if you can come to a resolution. I wouldn't go to the Landlord demanding anything or acting as if you're 'complaining', but just an open conversation.
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Is the septic plant located entirely in your garden? If so, there is often only one inlet pipe to the tank, so you would probably notice if somebody had dug into the ground on your side to cut into the existing inlet pipe from your property.0
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ProDave said:How do you know the caravan has no planning permission. If the static caravan has been used for a long time, the farmer likely has got a Certificate of Lawful Development for the use to continue.
In the eyes of the law a "caravan" is any moveable building up to a certain size defined in the Caravan Act. That includes up to some quite large twin unit caravans that come as 2 units joined together when sited.
If he has permission for a "caravan" then he is probably quite legal changing an old single unit caravan for a newer twin unit caravan.
Do you really want to go digging up trouble and ask the council if he does have permission for the caravan?
It would be better to just discuss your issue about privacy and re address the issue of putting up a fence to screen your garden from the caravan. If I was the farmer I would see that as a good solution.
Yes, I know there is no planning consent - the wonders of the internet plannng portal tell me exactly what's gone on on that patch and what it does/not have consent for.
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The_Unready said:Is the septic plant located entirely in your garden? If so, there is often only one inlet pipe to the tank, so you would probably notice if somebody had dug into the ground on your side to cut into the existing inlet pipe from your property.
At this point the plot thickens. I've just discovered that the land behind has archive permission for a development into holiday lets, of which part of that permission is for the sewerage system.... that's been installed the wrong side of the boundary (deliberately). It was all installed in the few weeks prior to us moving in as the first tenants.
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gazfocus said:I suspect the issue is that the tenancy you signed up for will only cover the plot you are renting, and not have any mention to the adjoining fields/land etc, so the fact the caravan at the other side of the fence has now been replaced with a larger one is nothing to do with your tenancy.
What I would do in your situation, especially as you're on good terms with the Landlord, is just have a conversation with the Landlord, express your concerns about the lack of privacy now and see if you can come to a resolution. I wouldn't go to the Landlord demanding anything or acting as if you're 'complaining', but just an open conversation.
Agreed, it's a delicate situation. I think my beef is more about the Landlord thinking they can do whatever they want but in doing so elsewhere are in fact affecting our rights to continued enjoyment.
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What is your plan "B"? For the rent you pay are there comparable properties in the vicinity that you can move into if it all goes sour?
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IrkedandPuzzled said:....in doing so making part of our back yard now visible as buried amongst the tree line was also an old 6' wooden fence which is falling down and which he's said he's no interest in repairing at this time - it's less a security/boundary issue more an unsightly mess.
I would maybe politely ask about the water/drainage issue to get clarification on that. As for the privacy, could you maybe offer to go halves in a new fence if this would resolve the situation of privacy?"We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein0 -
Willow or even better, Cane screening could enhance the feeling of privacy. I put some in my garden, bolted to some concrete posts that contained wire fencing that didn't give any privacy at all.
But as others have said, you have to think of the end game. Ask the LL about the water supply (explaining as you have here) and the sewage but plan for what you will do or not do if he won't entertain any compromise.
I doubt there's much protection for your privacy loss as a tenant. I'm sorry.
To be honest, I doubt the caravan tenants will have time to be peering through their windows at your garden for anything but very short periods of time. Its not going to be the most interesting of pastimes I should imagine (not being insulting here, just trying to give some perspective).0 -
deannagone said:
To be honest, I doubt the caravan tenants will have time to be peering through their windows at your garden for anything but very short periods of time. Its not going to be the most interesting of pastimes I should imagine (not being insulting here, just trying to give some perspective).
The scale of privacy fencing if we put some up will end up needing scaffolding - I'm not going to post pictures for hopefully obvious reasons but this house/plot/garden is LARGE, one of the reasons we love being here so much.0
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