Rental of garage issue
Author
Discussion

maxmc2

Original Poster:

2,063 posts

215 months

Monday 25th April 2016
quotequote all
Afternoon all.

Quick question.

I rent a garage from someone but since October 15 the garage has started to leak water.

I pay the rent quarterly and had mentioned this to him at the time, its annoying as i have to cover my car up in a garage.

He kept promising to get a builder to come and look at it and only at the end of last month when the rent was due did he get a builder to look at it, obviously so i would pay the rent.

The rent hasn't been paid yet as he still hasn't got the builder booked in to do the job.

He's chasing me for the money which was due at the beginning of the month but im reluctant to give it to him as he's not done anything about the leak nor has he offered me a reduced rent for what i can see is to park the car outside.

Where do i stand legally?

When i took the garage on three years ago we signed a contract to say i would pay x amount of rent every three months but for the life of me i can't find my copy.

Can i terminate the contract on the grounds that the garage is not fit for purpose? Im thinking about paying rent for April, May and June and attach a letter with it saying i will no longer require the garage as from beginning of July.

Any views welcome, if there is a way to get out sooner then great.

Cheers all.

TooMany2cvs

29,008 posts

156 months

Monday 25th April 2016
quotequote all
maxmc2 said:
Where do i stand legally?
You have to pay the rent.
He has to maintain the garage.
His (perceived) lack of maintenance does not give you grounds to not pay the rent. Do you know for 100% sure that the builder hadn't already been to inspect the garage, and said "Yeh, I can do that - but I need the weather to be better to do a proper job, so I'll pencil it in for Spring."?

maxmc2 said:
Can i terminate the contract on the grounds that the garage is not fit for purpose?
You don't need any reason to give notice.

surveyor_101

5,069 posts

209 months

Monday 25th April 2016
quotequote all
TooMany2cvs said:
You don't need any reason to give notice.
Does the OP mean can they terminate a fixed term agreement? IE prior to term being served?

OP top tip your obligations when renting are to pay you are now in breach by refusing to pay, this is no better in the eyes of the law than the lack of maintenance.

AyBee

11,346 posts

232 months

Monday 25th April 2016
quotequote all
Can you not just pay him with a note saying "unless the hole in the roof is fixed by X date, I'll be finding somewhere else for my car"?

TooMany2cvs

29,008 posts

156 months

Monday 25th April 2016
quotequote all
surveyor_101 said:
TooMany2cvs said:
You don't need any reason to give notice.
Does the OP mean can they terminate a fixed term agreement? IE prior to term being served?
I'd have thought a fixed term unlikely after three years with nothing else signed in the meantime.

Nezquick

1,843 posts

156 months

Monday 25th April 2016
quotequote all
AyBee said:
Can you not just pay him with a note saying "unless the hole in the roof is fixed by X date, I'll be finding somewhere else for my car"?
This is what I'd do.

surveyor_101

5,069 posts

209 months

Monday 25th April 2016
quotequote all
Nezquick said:
This is what I'd do.
Agreed lack of payment, can only go baldy for OP, like the clauses in agreement may allow the owner access after a period of non payment next thing you know your cars gone etc.

If the are the type of owner to ignore maintenance what else are they willing to push their luck on.

BertBert

21,295 posts

241 months

Monday 25th April 2016
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surveyor_101 said:
next thing you know your cars gone etc.
How would that work?

anothernameitist

1,500 posts

165 months

Monday 25th April 2016
quotequote all
£2 roof sealent from Screwfix might sort issue.

Then sorted for both parties and 32 deducted from rent.

Hopefully all happy

surveyor_101

5,069 posts

209 months

Monday 25th April 2016
quotequote all
BertBert said:
How would that work?
Well in my experience land owners who tend to ignore their obligations and complaints in some cases won't take lack of payment well and may attempt to gain access to their garage if payment has not been received.

surveyor

18,705 posts

214 months

Monday 25th April 2016
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surveyor_101 said:
BertBert said:
How would that work?
Well in my experience land owners who tend to ignore their obligations and complaints in some cases won't take lack of payment well and may attempt to gain access to their garage if payment has not been received.
Agreed. If taking non-payment route needs to move the car soonest....

maxmc2

Original Poster:

2,063 posts

215 months

Monday 25th April 2016
quotequote all
Funny thing is i have the only key.

Its not that i dont want to pay but he only got the builder round when he knew it was time for the rent as his passing comment was, "rents due soon".

I just want the roof fixed and then we are all happy.

The roof needs relaying as all the timber has got sodden from all the water ingress, as its seems like a tin roof my car has been covered in rust like water time and time again.

Ive asked a couple of times when the roof is booked in to be done and he has not replied to my texts, i think you are right i will write a letter with the rent and say i will be looking for alternative storage if the roof is not sorted before my next pay (July).

Reasonable?

blindswelledrat

25,257 posts

262 months

Monday 25th April 2016
quotequote all
maxmc2 said:
Ive asked a couple of times when the roof is booked in to be done and he has not replied to my texts, i think you are right i will write a letter with the rent and say i will be looking for alternative storage if the roof is not sorted before my next pay (July).

Reasonable?
Too reasonable, veering into complete mug territory.
Just hold the money until the roof is fixed. I wouldn't deviate one iota from that.
Why the fk should you?
The fact that he is ignoring your texts suggest categorically that the builder isn't actually booked in or expected any time soon. SO you will send a letter with you rent, nothing will happen until you leave 3 months down the line pissed off that you bothered to pay him for a non-functioning garage.

Look at it another way: If you didn't already rent it and in October you went to look at it with a view to renting and saw the leaking roof would you consider renting it for the 6 months you now have paid for? Of course not. And yet not only have you now paid 6/7 months rent but he still has not got it fixed and he is still not telling you when it will be fixed. I wouldn't even contemplate paying him

Edited by blindswelledrat on Monday 25th April 16:02

surveyor

18,705 posts

214 months

Monday 25th April 2016
quotequote all
blindswelledrat said:
maxmc2 said:
Ive asked a couple of times when the roof is booked in to be done and he has not replied to my texts, i think you are right i will write a letter with the rent and say i will be looking for alternative storage if the roof is not sorted before my next pay (July).

Reasonable?
Too reasonable, veering into complete mug territory.
Just hold the money until the roof is fixed. I wouldn't deviate one iota from that.
Why the fk should you?
The fact that he is ignoring your texts suggest categorically that the builder isn't actually booked in or expected any time soon. SO you will send a letter with you rent, nothing will happen until you leave 3 months down the line pissed off that you bothered to pay him for a non-functioning garage.

Look at it another way: If you didn't already rent it and in October you went to look at it with a view to renting and saw the leaking roof would you consider renting it for the 6 months you now have paid for? Of course not. And yet not only have you now paid 6/7 months rent but he still has not got it fixed and he is still not telling you when it will be fixed. I wouldn't even contemplate paying him

Edited by blindswelledrat on Monday 25th April 16:02
Do you think the lack of a key would stop a less than patient ll getting access?

blindswelledrat

25,257 posts

262 months

Monday 25th April 2016
quotequote all
surveyor said:
Do you think the lack of a key would stop a less than patient ll getting access?
Not necessarily but nothing about it suggests he is a nutter, which you would have to be to start along those lines.
Any normal LL getting a message saying "I am holding rent until this roof is fixed" would simply fix the roof.
Its just one of those irritating jobs that need to be sorted and this will push him to sort it.
Naturally, if he is actually a lunatic then it is probably not the best advice and he would be better off just taking his car and finding another garage.

Whatever the answer, paying this chap is the worst thing he can do at this point as I maintain the landlord will 100% not get the roof fixed if he is paid

TooMany2cvs

29,008 posts

156 months

Monday 25th April 2016
quotequote all
blindswelledrat said:
Why the fk should you?
Well, apart from the small matter of a legal contract obliging you to...

CoolHands

23,590 posts

225 months

Monday 25th April 2016
quotequote all
Why don't you just find another garage and move out and never contact him again

surveyor

18,705 posts

214 months

Monday 25th April 2016
quotequote all
I'm not really sure garages attract the most legally aware landlord myself....

elanfan

5,527 posts

257 months

Monday 25th April 2016
quotequote all
surveyor_101 said:
Agreed lack of payment, can only go baldy for OP, like the clauses in agreement may allow the owner access after a period of non payment next thing you know your cars gone etc.
How do you know he's a baldy?

surveyor_101

5,069 posts

209 months

Monday 25th April 2016
quotequote all
blindswelledrat said:
Not necessarily but nothing about it suggests he is a nutter, which you would have to be to start along those lines.
Any normal LL getting a message saying "I am holding rent until this roof is fixed" would simply fix the roof.
Its just one of those irritating jobs that need to be sorted and this will push him to sort it.
Naturally, if he is actually a lunatic then it is probably not the best advice and he would be better off just taking his car and finding another garage.

Whatever the answer, paying this chap is the worst thing he can do at this point as I maintain the landlord will 100% not get the roof fixed if he is paid
Yes continue to hold yourself in breach of contract until the landlord caves in, that's genius and in no way exposes the OP to any risk what so ever.

Let's hope he jumps in line and gets the roof sorted and doesn't empty the garage of its contents to cover the rent, and the. The op had to take him to court

Edited by surveyor_101 on Monday 25th April 21:53