Garage in a rented property- what does the law say.
Discussion
I've just moved into a new rental property with two friends. It's a 3 bedroom ground floor flat with garden and garage. The property was advertised as coming with the garage, we were told when signing the tenancy agreement that the garage had some of the Landlords stuff in it but would be cleared in a few days.
A guy came to clear a tiny proportion of the contents which amounts to random crap. He left and we asked the letting agent who is managing the property a) when the rest would be cleared and b) when we would get a key to it.
She has since comeback saying the garage has been cleared as much as the landlord will allow. Obviously I'm not happy about this as we aren't getting full use of the property.
I have checked the wording of the agreement and nowhere does it state that the garage is excluded nor would it be used to store the landlords stuff. None of the items are listed on the inventory either.
What's the legal position on this?
A guy came to clear a tiny proportion of the contents which amounts to random crap. He left and we asked the letting agent who is managing the property a) when the rest would be cleared and b) when we would get a key to it.
She has since comeback saying the garage has been cleared as much as the landlord will allow. Obviously I'm not happy about this as we aren't getting full use of the property.
I have checked the wording of the agreement and nowhere does it state that the garage is excluded nor would it be used to store the landlords stuff. None of the items are listed on the inventory either.
What's the legal position on this?
Muncher said:
Does the lease say it is specifically included? Have you spoken to the Landlord directly about it? As it stands the Landlord is likely in breach of their covenants in the lease.
No, it mentions the property by address. As the garage is part of the property my understanding is that it has to be specifically excluded in that section of the agreement. Edited by AngryPartsBloke on Friday 1st April 11:48
blueg33 said:
Did they say that that the garage was available for your use?
If so, I would be telling the agent in writing that part of the rent will be withheld until the garage is available for use. They have misled you with statements possibly both written and verbal.
Yes, they said it was for us to use and she would provide us with the key for the front main garage door and the small access door at the rear that leads into our garden. If so, I would be telling the agent in writing that part of the rent will be withheld until the garage is available for use. They have misled you with statements possibly both written and verbal.
PAULJ5555 said:
PurpleMoonlight said:
The landlord is in breach of the Lease.
You are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
This - play hard ball with them.You are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
http://www.magnaha.org.uk/find-a-home/looking-for-...
andburg said:
Before some else says it.
Are the contents of the garage on the inventory?
If they're not then feel free to throw it out and claim no knowledge
No not good, because the tenant has a legal responsibility to store them safely for the time being.Are the contents of the garage on the inventory?
If they're not then feel free to throw it out and claim no knowledge
- NB
The tenant could notify the landlord that if the goods are not removed by a certain date they will charge £x per day rental for the space, or notify them that the goods will be disposed of if not removed with say 7 days.
Collectingbrass said:
PAULJ5555 said:
PurpleMoonlight said:
The landlord is in breach of the Lease.
You are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
This - play hard ball with them.You are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
http://www.magnaha.org.uk/find-a-home/looking-for-...
Also it will probably cost the Landlord £500-1000 to find a new tenant so they might cave in based on that, its your risk.
Edited by PAULJ5555 on Friday 1st April 16:53
Collectingbrass said:
Play hardball but don't set your sights too high. You can rent a garage for £13 / week. Depending how long you want to be in the property for, what you want to use the garage for and how much the deposit is I would think long and hard about pissing the landlord off for the price of a couple of rounds each week.
http://www.magnaha.org.uk/find-a-home/looking-for-...
You may be able to rent a garage for £13 per week but not a garage that is as convenient as the one you are already paying rent for, it would be good if the agent was under the impression that your insurance company are under the impression that your car is garaged at night and therefore you really need it empty nowhttp://www.magnaha.org.uk/find-a-home/looking-for-...
PurpleMoonlight said:
The landlord is in breach of the Lease.
You are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
That's quite a bold statement to make without having seen the terms of the lease in questionYou are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
Whether or not terms have been breached may turn on whether or not the garage is part of the demise that the OP has taken an underlease of. If it is not, and the head lease merely has a right to use it (as could well be the case) then whether or not any terms have been breached would depend on whether or not the right to use the garage has been passed on in the underlease.
If not though, there's probably been a misrepresentation.
OP, if you post up redacted versions of both then it should be possible to say more. You can download he head lease for £3 from the land registry website.
Edited by bladebloke on Sunday 3rd April 22:28
bladebloke said:
PurpleMoonlight said:
The landlord is in breach of the Lease.
You are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
That's quite a bold statement to make without having seen the terms of the lease in questionYou are entitled to compensation, say a reduction in rent, or if the garage was a primary reason for renting the property then potentially to bring the lease to early termination.
Whether or not terms have been breached may turn on whether or not the garage is part of the demise that the OP has taken an underlease of. If it is not, and the head lease merely has a right to use it (as could well be the case) then whether or not any terms have been breached would depend on whether or not the right to use the garage has been passed on in the underlease.
If not though, there's probably been a misrepresentation.
OP, if you post up redacted versions of both then it should be possible to say more. You can download he head lease for £3 from the land registry website.
Edited by bladebloke on Sunday 3rd April 22:28
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