Notice given not to renew tenancy...now they are trying to invoice me for garden work

[ashburton]

Hoping someone can help please!

I have previously given notice that I am not renewing my tenancy. Just before I went on holiday abroad for two weeks, I received an email from the landlord stating that the garden would need to be cut back as soon as possible so the letting agent could start viewings on the property. Whilst away, they instructed gardeners to carry out this work and are now requesting that I pay the invoice. They have stated that because they had no response from me to an email, sent whilst I was on holiday, they took this as my approval for the work to be carried out and that I would cover the costs.

Can they do this? If I do not pay, can the invoice cost be deducted from my deposit?

[islandgirl]

They can try. You can raise a dispute with whoever is holding the deposit. As long as you leave the garden in a good state when you go they cannot force you to make it nice for viewings before that (as far as I am aware). They can pay to do it themselves of course. I would write (yes write!) and tell them that you do not agree and that should any attempt be made to hold deposit money for this invoice you will raise an official dispute. You then go through an adjudicator process with whoever holds the deposit.

[efpom]

1. The relationship between Landlord and Tenant is governed by the written contract between them,the tenancy agreement. Therefore, UNLESS a term of the contract expressly states words to the effect that “because they had no response from me to an email, sent whilst I was on holiday, they took this as my approval for the work to be carried out and that I would cover the costs.” , the invoice is invalid.
2. Having said that, this landlord is not entitled to enter the dwelling or any part of its curtilage including its garden(s) unless the contract expressly permits such entry.
3. Usually, such a term would require service of a written notice from the landlord to the tenant of the landlord’s intention to enter to carry out any works.
4. The only way that the landlord can deduct monies from the deposit spent on cultivating the garden here, is if the contract requires the tenant to cultivate the garden and the tenant breached that term.
5. I assume that here no notice of such a breach was served on the tenant.

If I was in this tenant’'s shoes I would read the contract to see if a) 1 above exists and b) what notices are required to be served under 2 and 5 above were served.
It might be worthwhile posting up the tenancy agreement itself together with a copy of the email and invoice.