Plants on Owner Occupied Garden Removed by Tenant Next Door

Landlords and tenants can share their problems and give each other mutual support

Plants on Owner Occupied Garden Removed by Tenant Next Door

Postby jambo » Fri Aug 29, 2014 4:39 pm

I am an owner occupier. My property has an open plan front garden but with a clear boundary between my garden and a private landlords property next door. The boundary is a driveway with a clear marker down the middle. This terminates at a border that is shared with the landlord's property but it is easy to work out which part of the border is on our land.

Whilst we were on holiday the tenant of the property removed and binned over £140 of plants from our garden without asking our permission. we challenged her on this and she stated in her view it was unsightly. She also claimed that she did not know it was our land and looked unkempt (despite regular dead heading and plants staked).Some of these plants held special significance as they represented events in my life (such as flowers in my wife's wedding bouquet and a rose bought to commemorate my wife's deceased grandfather).

We have asked the tenant what she intends to do to make matters right, ensuring that she understands we want financial recompense as there is a significant investment. She has said sorry but has not got back to us. I have proof of purchase for most of the plants and wondered what steps we can now take to be compensated for the plants removed. Can we approach the letting agents and ask for this to be taken out of her bond? Can we contact the landlord themselves (how would we get their details)? If we went through the small claims court could we charge our legal expenses to the tenant? Would the legal cover on our home and contents insurance cover help with this?

I would prefer not to go down these routes but as we are being ignored I see no other options.
jambo
 
Posts: 4
Joined: Wed Aug 27, 2014 3:43 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby jonahinoz » Fri Aug 29, 2014 5:13 pm

Hi,

Sounds like theft to me, even if she didn't keep the proceeds of her crime.

If they were my plants, my next move would depend on her attitude more than her purse.

John W
jonahinoz
 
Posts: 1354
Joined: Fri Aug 05, 2011 5:15 pm

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby ukmicky » Fri Aug 29, 2014 6:54 pm

Not much you can do without proof.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4556
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby COGGY » Fri Aug 29, 2014 11:06 pm

How do you know she binned the plants?

Regards
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby jambo » Wed Sep 03, 2014 11:35 am

WE have a written confession of this in the form of an apology card and a patio rose to say sorry.

We contacted the letting agents who did not want to know.
jambo
 
Posts: 4
Joined: Wed Aug 27, 2014 3:43 pm

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby arsie » Wed Sep 03, 2014 12:25 pm

The tenant's damage to others' property is no affair of the landlord or agent. It is between the two of you.

She does need to be quite clear and you should explain to her what she has done and what she is liable for. If you wanted to be tough you could take out a claim which would cost £30 online. No, you do not get any legal fees, the small claims track is intended to be DIY. You need evidence - pics, dates, receipts (don't forget the labour) etc.

Personally I would politely but firmly point out to her the error of her ways and what the flowers meant to you and what you could do and leave it at that - but warn 'next time'... In this day and age people get angry and act impulsively without giving any thought to the law or other consequences. Ignorance really.
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby jambo » Thu Sep 04, 2014 10:51 am

I think that is the way we are going to move forward although we have lodged a complaint with the letting agent as well.

I guess it is just frustrating that we have had some fantastic neighbours until now. The fact we carefully sourced and planted the garden over an 11 year period also leaves a bitter taste in the mouth.

Thanks for the help.
jambo
 
Posts: 4
Joined: Wed Aug 27, 2014 3:43 pm

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby jdfi » Sun Sep 07, 2014 9:42 am

Was anything overhanging to her side?
jdfi
 
Posts: 446
Joined: Wed Jun 06, 2012 10:39 pm

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby arborlad » Sun Sep 07, 2014 9:56 am

jambo wrote:I am an owner occupier. My property has an open plan front garden but with a clear boundary between my garden and a private landlords property next door. The boundary is a driveway with a clear marker down the middle. This terminates at a border that is shared with the landlord's property but it is easy to work out which part of the border is on our land..



It's understandable that that is your perception as the owner, if a stranger were to view the property, would they get the same impression?

I don't think it a good idea to be contacting the agents about an act, which while upsetting, seems to be completely without malice.
arborlad

smile...it confuses people
arborlad
 
Posts: 7402
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby MacadamB53 » Sun Sep 07, 2014 11:59 am

jambo wrote:WE have a written confession of this in the form of an apology card and a patio rose to say sorry.

We contacted the letting agents who did not want to know.

sounds like a good egg who knows they made a gaff - just leave it at that and move on.
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby ukmicky » Sun Sep 07, 2014 2:35 pm

Depending on what the confession says it could be enough for a criminal damage charge
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4556
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby COGGY » Sun Sep 07, 2014 2:56 pm

How long has this lady been your neighbour? If she has recently moved in then maybe she did not realise it was your garden, but if she has been living there for some time then she must surely realise. Also the fact that she waited for you to go on holiday seems rather strange. I do not think it can be classed as "normal" to bin all the healthy plants in any garden. How was the garden left when she had finished. Did it look tidy and clear. Did she replace your plants with other plants, pots, stones etc?

Kind regards
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby jambo » Wed Sep 10, 2014 3:53 pm

Thanks for the follow up replies.

In answer to some of these:

COGGY wrote:How long has this lady been your neighbour?


8 months and she witnessed us maintaining the garden.

arborlad wrote:sounds like a good egg who knows they made a gaff - just leave it at that and move on.


If this was an isolated incident I would believe so but they constantly use our garden as a shortcut to other neighbours despite being asked not to, have verbally maligned us to other neighbours, park on our driveway if we are not around and have hit one of our cars with a bike then told us to get over it.

COGGY wrote:How was the garden left when she had finished. Did it look tidy and clear. Did she replace your plants with other plants, pots, stones etc?


It looked clear as there were no plants left... Weeds have since grown which we have removed. I have also replanted with herbaceous plants that required dividing elsewhere in the garden.

arborlad wrote:It's understandable that that is your perception as the owner, if a stranger were to view the property, would they get the same impression?


Yes, especially as we left my wife's car parked in the driveway when we went on holiday.
jambo
 
Posts: 4
Joined: Wed Aug 27, 2014 3:43 pm

Re: Plants on Owner Occupied Garden Removed by Tenant Next D

Postby MacadamB53 » Wed Sep 10, 2014 5:10 pm

Hi jambo,

they constantly use our garden as a shortcut to other neighbours despite being asked not to, have verbally maligned us to other neighbours, park on our driveway if we are not around and have hit one of our cars with a bike then told us to get over it.

don't recall you mentioning this before - I retract my previous post as they don't sound a good egg at all.

tell them a "sorry" card is nice and thoughtful but is not a suitable response to £100s of damage.
Kind regards, Mac
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Return to Landlord and Tenant

Who is online

Users browsing this forum: No registered users and 1 guest