landlord removed shrubs & took down green house

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    landlord removed shrubs & took down green house

    Can anyone help please?

    A few weeks after we moved in our landlord removed the beautiful and well established magnolia tree from the garden to replant in her new property, The LL also took down the lovely old glass greenhouse as they said they didn't want the responsibility of any accidents, we were so disappointed as the greenhouse was one of the original reasons we rented the property and as we were new tenants and didn't want to rock the boat we just let it happen.. Am I right in thinking that as tenants we could have prevented the LL from removing the tree, also would we be within our rights to ask for a replacement greenhouse, or indeed if we wanted to ask for the return of the tree, or a replacement?

    Any help most appreciated. Thank you.

    #2
    Unless it was expressly excluded from the tenancy, both tree and greenhouse were yours for the duration of your stay there.

    Personally, I would have objected but then again I can see you say you didnt want to rock the boat. To now insist they are replaced would rock the boat even more.

    My advice - do nothing, but dont let it happen again!!!

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      #3
      oh well, thanks for the feedback thou.

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        #4
        NO, he should not have taken it without your agreement. He should have removed all the items prior to you moving in.
        Again just talk to you LL, tell him calmly that the reason why you moved into the P, and you are not planning to stay after your fixed term, unless it is replaced.
        If you start quoting legal rules, which can only result in costly legal bills, over a tree and green house is overkill. But write him a letter asking him to get written permission from you, prior to him removing anything else.

        But the legal term you looking for is "Breach of quite enjoyment", which basicily means you have exclusive use of the P, during the tennancy. But you would have to look at the AST to see if the garden is included.
        Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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          #5
          ah but does he want to stay? If he would like to, I agree with DJB - if he doesn't care whether or not a S21 is issued, do as above!
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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            #6
            Probably not a lot you can do now as you agreed the items could be removed.

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