Landlady repeatedly entering garden - is this legal?

[lancslucy]

I live alone in a ground floor flat and have been here for about 5 years. During that time I've had an OK relationship with my landlady - she lives locally and has in the past called round as she's walking the dog etc., and certain repairs that should have been carried out haven't been completed, but for the sake of maintaining a cordial relationship I've put up with this. I always pay my rent on time, I'm in stable employment, I don't have wild parties, and the flat upstairs and next door have been up for rent many many times during the period of my residency, so generally I think my landlady's fortunate to have me as a tenant!

 

However I have one issue that keeps re-occurring and it's really upsetting me. My landlady often enters my garden - this is a back garden and I feel this is a major invasion of my privacy. My bedroom has patio doors out on to the garden, and I used to leave these open on the rare occasion we had warm weather, until one Saturday afternoon when I was resting (naked!) on my bed only to find my landlady and her husband in the garden outside my open doors! She often puts my bins out, moves my garden furniture and generally tidies up in the garden. She rang me at work a couple of days ago and mentioned that the night before she'd been "sweeping up" in my garden - whilst I was inside the flat!

 

Is she allowed to do this? Surely I rent the garden area as much as the building itself, and as this is impinging on my privacy isn't this contrary to my right to quiet enjoyment? I am going to have to ask her to desist, but I first need to know where I stand legally, so if anyone could advise me I'd be really grateful.

 

(She also does things like clean my front door - again whilst I'm inside the flat! )

[mariner51]

A quiet word, thank her for her assistance with bins etc.

 

"Please stop entering my garden at will, as it could be embarrassing for you (her) or husband.

If you wish to help, you can discuss various minor problems that have arisen during T"

[stu007]

Hi

 

I think you need to check your "Tenancy Agreement" to see if the garden is part of your rented flat or classed as a communal area for the building.

[lancslucy]

Thanks for your reply, I agree what you suggest is a good way of phrasing it.

 

Trouble is she's quite a stroppy/pushy woman and a few years ago when I tried to discuss the fact that she'd thrown away some used gro-bags from the garden despite me telling her I didn't want her to (sounds petty, I know, but they were my property and I was going to dig them into the borders!) she got quite annoyed by me saying so and insisted that she had a right to ensure the property was maintained reasonably! I just left it as I didn't want an argument, but I know that if I do try to have a "quiet word" as suggested she will try to argue back, so I feel I need to know my legal rights so that I can back myself up.

[lancslucy]

Thanks for the suggestion, I'd never thought of a communal area. As it's only one flat (the upstairs flat is owned separately and has no access to the garden) I'd always assumed the garden is entirely private and not communal.

[mariner51]

Obviouslu there is a back history here.

During your T you have a right to 'quiet enjoyment', LL has a right to occassionally inspect property with Notice with acceptable arrangement. Such inspections should inform LL/T of any concerns. T can treat property as they wish, provided it is returned in similar condition as move-in. Any concerns raised by LL and not addressed by T (cleanlng etc) could result in progression of s21 Notice for repo. IMO LL was wrong over gro-bags unless they constituted a potential hazard.

You would have to check Land Registry plans for your address to see if garden was communal. Obviously LL thinks not if she doesn't own other flat.

[marmaris30]

Sounds to me like your LL can't help sticking her nose in (although I'm sure with the best of intentions as I daresay she thinks she's being helpful) but I would also find this overbearing and maybe you should just be straight with her and ask her to stop visiting without giving the notice to which you are entitled under your contract. Do it in person and back it up with a letter afterwards.

 

Most LLs understand that granting tenancy entails giving up occupation and control of their property for a limited period, in return for an income, but there is obviously still an old-fashioned boarding house mentality amongst some!

 

As for the grow-bags, that is frankly just vandalism on your LL's part. Unless your contract excludes control of the garden (e.g. garden maintenance is included), then it is yours and not hers for the period of the tenancy. Even if it were excluded, you'd still be entitled to a polite request and notice to remove your property.

[assisted blonde]

If the LL comes through a back gate how about putting a padlock on it and if she mentions it just say its for security.

[Batfink]

After checking you have exclusive use of the back garden, I'd put a padlock on the gate. Don't assume anything.

 

"Because you can't help noticing all these strange people who think they can just walk into your garden and throw your stuff away"