Can landlords enter the garden without notice?

jebol71768

My landlord doesn't enter my house without any notice. But they're often going into the garden without any notice. They use a shed for storage and come back and do things like cut the hedge without any notice.

There's nothing different in my contract that mentions I'm only renting the house and not the garden.

I really don't like them coming over whenever they like and letting themselves in via the gate.

theartfullodger

I CAN enter neighbours gardens (walk in, jump fence..): But MAY not.  They would get quite cross. 

Does the tenancy agreement exclude the shed from the agreement?? Does it mention landlord doing gardening?? (I rent a student house out - no point expecting them doing the gardening, I have it done: But that's documented with them).

(Assuming not) Write/email landlord a calm, polite, letter pointing out your unhappiness & the "interference with my quiet enjoyment" (those exact words), requesting he cease and desist. 

Assuming shed ain;t excluded I'd request he clear it and provide all keys.  (Or agree on your terms, at a cost to him...)

Cheeky greedy landlord! 

Artful: Landlord since 2000.

OhWow

theartfullodger said:

(Assuming not) Write/email landlord a calm, polite, letter pointing out your unhappiness & the "interference with your quiet enjoyment" (those exact words), requesting he cease and desist. 

I'm sure @theartfullodger meant to put "interference with my quiet enjoyment" as the exact words.

BobT36

I'd politely ask him to just let you know, when he's coming to do maintenance. (If he's cutting the hedge for you rather than expecting you to do it, then great!). Just mention so you're not unnerved when you find a random person in the garden or whatever, whereas if you're expecting it, you'll know it's him and it's ok. 

And also mention that you plan to use the shed, so you'd appreciate it if he could move some stuff elsewhere for you to be able to use it. 

That is of course, unless you want to do the garden yourself! 

propertyrental

Access to the property by the LL is covered by a combination of restrictions, some documented in the tenancy agreement, some legally implied within all tenancy agreements (eg Quiet Enjoyment - see link below).

The LL does have some rights (eg to do essential repairs, gas safety inspections etc), subject to 24 hours written notice.

'The property' does not mean just the building. It includes everything tht is included in the tenancy agreement. The garden, and shed, would be included unless the tenancy agreement specifically excluded part or all of the garden/shed.

Put a padlock on the garden gate (assuming there is one) and on the shed..

On a related aspect to this, and assuming the shed is not specifically excluded, what is in the shed? Has the LL left possessions in it? Are they documented on the inventory? If not, and they disappeared mysteriously, how would the LL prove they were ever there, or attribute their disappearance to either you as tenant or anyone else.

https://www.landlordnews.co.uk/what-does-quiet-enjoyment-mean/

https://www.kdllaw.com/legal-updates/quiet-enjoyment-what-does-it-mean

GDB2222

I assume the LL excluded the shed from the leased property? If so, there’d be an implied right of access. 

It may be that the LL keeps the garden tools in the shed, so if the tenants lock the shed the LL cannot do the gardening. Likewise, if the tenant locks the gate. 

Really this is just a matter of common sense. It’s reasonable to ask for some kind of notice before the LL turns up. On the other hand, our gardeners, whom we pay to do the work, just turn up without any warning and get started. 

This can all be sorted out in a pleasant way, or you can have a major falling out with the LL. Your choice.

simon_or

It's your home (including the garden) and even setting aside the legal aspects it's just common courtesy on behalf of the landlord to let you know that he's coming or at the very least knock on your door when he gets there before letting himself in. Clearly he doesn't think it necessary so you'll have to bring it up and lay down clear boundaries.

MultiFuelBurner

Before you stir the melting pot also consider the following

1) do you want to stay in the property for a long time
2) if you don't then are their available properties to rent at the price you are paying.

Tactful communication first and see where the land lies