UK Landlord Forum / Life

Dear All

My tenant currently has an assured shorthold tenancy which allows him access to the front garden of the property.  Having been granted the necessary permission, I will want to change the front garden into a driveway.  The tenant currently does not have a vehicle and has no intention of getting one.  We have just agreed a rent rise in line with current local rent values for the tenancy as it stands (i.e. with no driveway).  The driveway will add value to the property and I would like to consider the following options:

1) To increase the rent again once the driveway is completed and to continue to allow the tenant to use the front garden as per the tenancy, but of course the front garden will now be a driveway.  I assume this will have to be an agreement I reach with the tenant, which is unlikely as he has no car to benefit from the parking space.
2) To change the tenancy agreement to state that the tenant no longer has rights to the front garden, so I can rent the space out to an adjoining property owner who has shown interest.

Has anyone had this situation themselves and please can anyone tell me how I stand legally on changes to the terms of the tenancy?  Can any term be changed if there is no agreement with the tenant?

All advice gratefully received.  Many thanks.

You cannot change your tenancy agreement willy nilly mid term and you will need to wait until a more appropriate time such as when you renew the contract.
It would seem that there is no point in doing these works to the front garden when your tenant has no purpose for it and ultimately no gain for you either other than to rent it to a neighbour.
I'm not sure that all this is conducive to a good relationship with your tenant, after all why should he/she be minus a front garden just so that you can gain from a neighbour.
Personally I would leave all alone until such time as your tenant moves on and then you can make your changes at that point. 

Option 1 seems barking mad
Option 2 seems barking mad

You want to 'upgrade' the property and charge accordingly even though they won't be using the upgrade?
You want to allow someone else to park in the front garden on the property, arrive at whatever time, leave at whatever time and the T is supposed to be happy about this?

Thanks for the answers gls and Riptide.  From your answers, I now see I have not given enough information, and I probably need to ask another question  .....

I will be completing the work to futureproof the property as the area is very hard to park in and is about to become a controlled parking zone so it will be increasingly difficult to gain the necessary planning in the future.

Regarding the tenant, unfortunately the tenant has contravened his tenancy agreement several times but I have agreed to allow him to stay as to re-let would be costly due to redecoration costs.
 
The assured shorthold tenancy has currently run into a periodic tenancy and I would like to renew the tenancy for a new fixed term.  If I introduce a new fixed term, does this make it a new tenancy if no details in the tenancy change, or simply a continuation of the current tenancy?

Thanks again

As its periodic.

I would give him notice to quit but at the same time have a discussion on the the tenancy. If you can reach terms where by you are both happy then Result. If not then you will have to find a tenant with whom you can agree.

Personally I would leave the tenancy periodic. When the work is done, send notice of a new rent with the parking.

This should be all you do until that tenant decides to move out.

Thanks for the reply Boboff.  Would you leave the tenancy periodic just to keep it simple?  Thanks.

Quote from: Onward on February 25, 2015, 01:19:36 PMMy tenant currently has an assured shorthold tenancy which allows him access to the front garden of the property.

Quote from: Onward on February 25, 2015, 01:19:36 PMCan any term be changed if there is no agreement with the tenant?

No. If they agree fine, if not not.

Quote from: Onward on February 27, 2015, 10:26:46 AM
Thanks for the reply Boboff.  Would you leave the tenancy periodic just to keep it simple?  Thanks.

Yes I would. Then you are both able to give notice quicker, which too me wouldn't be a bad thing, BUT I would always take a continuation of a current known well paying tenant over a change, even if that change could bring more rent...... I am making no sense but I know what I mean.

Thanks boboff and hippogriff