Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What is it you want to achieve please?
Thank you for your email Alex, it is appreciated.
Essentially, I want to know what my rights are. I want the gardener to give me a schedule of the exact two days that he will be visiting the property to garden every month. And, if he cannot visit on those days, I want him to give me at least 24 hours' notice on both the change of date and the new date.
In short, I don't want the gardeners to be able to pop in whenever they like. I want their visits to be scheduled and enforced by the schedule. And where there is any change in that schedule I want 24 hours' notice of such change. In the light of this, I want to know where I stand legally with this request. Indeed, as a tenant, do I have rights to request this. If so, can you point me in the direction of the pertinent legislation so that I can cite this in any future communications. Many thanks, Edward
PS: The gardener's response to my request was this: 'I'm afraid I cannot agree to that as we need flexibility due to circumstances I cannot control such such as illness, absence and weather. Also it is unfortunate that we sometimes have to go through houses but all of our customers understand this and all understand that the time on site is limited and we have a lot to do. We will happily wipe the wooden or tiled floors clean on those wet days.'
Have they said why it can't be on the Thursday's as per the tenancy agreement please?
No, their rather insipid response to that was: 'I cannot agree to that as we need flexibility due to circumstances I cannot control such as illness, absence and weather'. I am, quite frankly, flabbergasted that they should feel that this response is adequate.
In that case you can insist on a schedule.
Technically they are in breach of contract
This is because if it says Thursday in the agreement, then it is a term and must be adhered to
If it is not, it is a breach of contract and you could refuse or even sue for loss and damage
But yes you can ask for a schedule.
Can I clarify anything for you about this today please?
That's all I need to know Alex. Thanks for your help.