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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir/Madam, I have been a private tenant in a property

Resolved Question:

Dear Sir/Madam,

I have been a private tenant in a property since September last year and am having a dispute with a gardener who we have to employ as part of the tenancy agreement.

Last November, in line with section 8.3 of our Assured Shorthold Tenancy Agreement (see the foot of this email for more detail) the director of the gardening company confirmed that his gardeners would visit the property at around 9.30-10 am twice a month on a Thursday. As it turns out, this would be the first and third week of every month during the spring, summer and autumn months and only once a month during December, January and February.

They have repeatedly broken this agreement. Turning up on different days and on weekends without notifying us and outside of the terms of section 8.3 of the Assured Shorthold Tenancy Agreement.

I emailed the gardening director (and the estate agent) to complain about this breach and to request that he provides me with a clear schedule of gardening visits. I also requested that after agreeing to this schedule I would need at least 24 hours' notice to any change in that schedule by email -- and that I would also need me to approve the visit by email.

He replied to me to say that he couldn't give a firm date and visits would be subject to change and I would just have to deal with it.

Can you advise me of my legal position on this. Do I have legal right to enforce a clear schedule so that he can't pop round whenever he pleases (the gardening firm has keys to the property which I am also unhappy about).

I would very much welcome your thoughts.

Yours faithfully,

Edward Farrow

PS: Section 8.3 of the Assured Shorthold Tenancy Agreement: 'The tenant agrees to allow the landlord's nominated gardener access to the garden via the house at a scheduled time each fortnight. The gardener will be responsible for the maintenance of the garden for the duration of the tenancy.'
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

What is it you want to achieve please?

Customer:

Thank you for your email Alex, it is appreciated.

Customer:

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.

Customer:

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

Customer:

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.'

Alex Watts :

Have they said why it can't be on the Thursday's as per the tenancy agreement please?

Customer:

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.

Alex Watts :

In that case you can insist on a schedule.

Alex Watts :

Technically they are in breach of contract

Alex Watts :

This is because if it says Thursday in the agreement, then it is a term and must be adhered to

Alex Watts :

If it is not, it is a breach of contract and you could refuse or even sue for loss and damage

Alex Watts :

But yes you can ask for a schedule.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

That's all I need to know Alex. Thanks for your help.

Customer:

Best wishes

Customer:

Edward

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