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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are in rented property ---it's a large detached house

Customer Question

We are in rented property ---it's a large detached house which we have rented and looked after as our own for 8 years.
We have a mature garden,which we maintain---having a gardener in once per week throughout the Summer at our own expense
We are interested in nature and wildlife and have allowed the garden to develop for cover for gardens birds.
The owner of the property has made us a visit and insisted that the garden must me cut right back.
We are very distressed by this as she can walk away from it but we must continue to live there.
Can she force the issue
Julie Ross
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

Hello Julie my name is ***** ***** I will help you with this.

Is there anything in the agreement which says that the garden must be in a particular state?

Customer: replied 7 months ago.
there is nothing in the agreement to that effect.we are maintaining the garden at our own expense by having a gardener in each week.the issue seems to be that the landlords tastes in gardens differ fro our own.we spend much of our life in the conservatory room and the change in the garden would have a dramatic and negative effect on our everyday lives.surely she cannot insist on this???Julie
Expert:  Ash replied 7 months ago.

Ok - then no, unless it is in the agreement the Landlord can NOT insist on this.

Anything the Landlord wants to rely upon must be in the contract.

If it is not in the contract the Landlord can not make you have it in any particular state

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
I think that this problem is on going.I have a meeting with here [ and a gardener] in the garden tomorrow morning.I am prepared to meet her some of the way and have a little part of the bushes cut back----but not drastically.Garden birds are declining rapidly in the UK as their habitat is destroyed.How should I approach her on the general subject or the garden and also as to my human rights [ as I live in this property and that the cut back of the garden will have a negative effect on my well being]Julie
Expert:  Ash replied 7 months ago.

Human Rights does not apply as that is only for public bodies of which I assume your Landlord is not one.

Its hard how you can approach the Landlord because its possible they could give you notice to leave.
Its all down to negotiation - just explain your views on nature and assured the Landlord if you leave you will restore the garden

Can I clarify anything for you?

Customer: replied 7 months ago.
Thank you.I will be in touch---I suspect I'll need further helpHow can anyone have such an impact on your life,just because her tastes differ from yours----then walk away and leave you to it!!!!!Julie
Expert:  Ash replied 7 months ago.

Indeed. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Ash,As a further thought-----if the garden is cut back then the neighbouring houses will be able to see into my conservatory where I spend much of my time.Do I have ant re-dress on the count of privacy??Suely this must be an issue for me??Julie
Expert:  Ash replied 7 months ago.

Sadly not no. But that is an argument you can use.

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