Gardens

Discussion in 'Property Management' started by giraffez, 14th Jul, 2017.

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  1. 8650

    8650 Well-Known Member

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    As everyone has stated I would ask for the request in writing and location of said garden,

    I would also state garden is not be up against the house for risk of termites.

    Also need to take into consideration large trees that can be an issue for tree roots and blocked drains
     
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  2. thatbum

    thatbum Well-Known Member

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    That's my exact point actually - a tenancy, by definition, is specifically not just a licence or contract to use the property. It is something much more akin to ownership rights for the duration of the tenancy.

    And I agree it is a poor choice of words regarding the hypothetical question. But that was also my point - if I had to answer a layman's question and it was essentially multiple choice, then it would be that the tenant is more of the "owner" at that point in time.

    If I was to actually put on my solicitor/lecturer hat on, then I would be saying that property rights and ownership is actually better thought of as a 'bundle of rights', and all ownership is subject to the crown - with different parts of the bundle being handed down and spread out from there - including to "owners" and tenants. Cue another 4 hours or so of that.
     
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  3. dabbler

    dabbler Well-Known Member

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    Seeing we are all mortal, ownership means little in the scheme of things, but it matters during our short existence too each of us. Each country also has different views on what ownership is & what rights tenants have.

    I suppose I am not trying to start a legal and language debate, but I am trying to stress, that it matters what you convey to those staying in your property for a temporary period, in fact you also better make sure your PM knows you care, because if one or both of these feel you believe the tenant has free and unlimited lic., it is likely to end up much different to what is expected or wanted.

    But, yes, you also should consider that it is a tenants home while they are there.
     
  4. Phar Lap

    Phar Lap Well-Known Member

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    That means little in this case scenario. The law states that a Tenant has to get Owners (yes, the person who owns the property) approval before making any alterations to the property. That would include making a garden in my books.



    Nope, all our tenants over nearly 20 years actually like us because we do work with them so why would I ever have an issue with a tenants advocate? I know about them though from others' (good landlords who have done nothing wrong yet paid a price) experiences.

    Another persons interpretation of "improving" ones property can be quite different to that of another.
    There is nothing pedantic about asking the tenant for specific plans as to their proposal so the landlord can think about it and assess for risks, costings to rectify upon tenant leaving, aesthetics etc.
    Heck, we in the past, have even explored and executed further development along with the tenant's ideas which pleased them immensely. If we weren't "pedantic" as you say, this would not have happened.

    Pity I had to point this out to you as I thought you would have known this as being part of working together.
     
  5. Phar Lap

    Phar Lap Well-Known Member

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    Absolute rubbish, and you call yourself a lawyer?
    A tenant does not own the property, ever.
    They lease the property. There are restrictions on them as to the capital nature of the property. Whereas there are only restrictions on owners as to personal nature.
    They must get approval to do anything of a capital nature regarding the property.
    If that is pedantic then so be it. Its about protecting your property from unscrupulous tenants who may do more harm than good. A simple written plan of proposed works is required by law for tenants who wish to make changes/improvements.

    As a so called lawyer you ought to know this.
     
  6. Phar Lap

    Phar Lap Well-Known Member

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    How did you go?
    Did you ask the tenants for a plan?

    Sorry the thread got hijacked by a former tenants advocate.

    Hope you got something out of the discussion regarding what to look out for as you asked.
     
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