Okay I appreciate that - the main point here is that they are paying quite a high rent considering they can now only have half of the garden and on street parking. My friend is heavily pregnant so I know she let a lot of things slide at the move in and what the landlord verbally said about dividing the garden as she cannot take anymore stress as the agents didn't organise a gas safety cert until the day after they moved in etc therefore they couldn't move in on the original day. They don't want to antagonist the landlord obviously but they feel ripped off now.
Hmm!! So after all of this it seems their hands are tied if they want to stay in the property and the landlord can change the goalposts without any repercussions if the tenant isn't in a situation to move again! Surely the landlord should have informed the agent as to what wasn't included etc at the beginning so the tenants could have made an informed choice?
Doesn't seem right that the tenants have been left exposed like this when they didn't know there was a boundary issue until they moved in! Not something you hear of so much in lettings, sales maybe!
I understnd your fustration, but you, as a former letting agent, must surely realise that the tenants have only agreed to rent the place for X months. Beyond that they are out of contract and the landlord has the right to reclaim possession. Nothing in legal terms to stop a tenant signing on for a 10 year contract and the the landlod could not evict for 10 years - but not many tenants would be willing to commit for so long, and it has to be a 2-way thing to be fair to both sides.
Negotiation is the key. If the tenant approaches this in an emotional or confrontational manner, then that is going to wind up the landlord and may well lead to an eventual eviction. However, most landlords are human beings, and the landlord may not even know that he is doing anything wrong. He may think your friend is happy with his proposals.
Dear Mr Landlord
As you know, I rent the flat above "Lovely Gallery" and when I moved in the agents advised me that my lease included the area of garden . . . I have checked with the land registry and it appears that they were right.
I appreciate that that part of garden is now desired for the gallery, so I wondered if we can come to an arrangement to suit everyone? I have listed some possible solutions below, but would be interested to hear your suggestions too.
Assuming it is clear, then the plan will show either that the garden/parking is included with the flat, or it isn't. This needs to be established first.
Your friends are exposed to eviction after the end of the fixed regardless of whether they make a fuss or not. The LL may wish to regain possession for any number of reasons.