Ending garage rental?

Ending garage rental?

0:03 AM, 8th February 2023, About A year ago 9

Text Size

Hello, I let a stand-alone garage to an individual and am trying to end the agreement and get the garage back but have been unable to contact him. I gave him notice via email but he did not reply.

Then I phoned the number I have for him but it sounded like it was ringing abroad.

I think he was running a pop-up restaurant and has now gone back to his country although I can’t be sure of this.

I do not know whether anything is stored in the garage but he continues to pay rent by standing order.

There is a written agreement but it is informal in the sense that it does not refer to any law and it certainly does not give any rights under the Housing Act or create an AST. I got this from my then letting agent. His address is not on the agreement, only his mobile number and email.

The reason I want to give him notice is that the garage is on the same legal title as a flat I am selling. I have been lucky enough to secure a cash buyer and I’m desperate for this sale to go through. I’m struggling and can’t risk waiting.

It never occurred to me that I wouldn’t be able to get the garage back when I agreed the sale. The buyer wants the garage vacant.

My question is – what can I legally do?

Am I entitled to take possession of the garage when the notice has elapsed, even if he hasn’t responded?

Is it my fault if he is not checking emails?

If I take possession, am I required to store anything he left in it and for how long?

I feel I have taken all reasonable steps to contact him.

Thank you,

Robert


Share This Article


Comments

Richie

12:18 PM, 8th February 2023, About A year ago

Take the door off.

Judith Wordsworth

14:10 PM, 8th February 2023, About A year ago

Depends on what your informal agreement/contract stated re termination and the manner in which you can terminate

If nothing re termination and, as he is not in arrears, paying the rent think you can do very little as he is honouring the contract. Certainly not take back possession of it as you will be in breach of contract and suable.

Do you know where he lives? Might be worth calling round.

You could see if your buyer is still interested in going ahead without the garage and do a Deed of Variation, a simple drafting, removing the garage from the Title and getting the buyers solicitors to register this along with all the other documentation on completion. DoV will need to be agreed with the Freeholder though and they might not agree.

Sorry, but just a thought, did you inform the Freeholder or Managing Agents that you are renting out the garage? Might be in breach of your lease if you didn't inform them.

Also did you inform your solicitor or when you completed the Property Information Form that you were renting out the garage?

Robert

14:57 PM, 8th February 2023, About A year ago

Judith, thank you for your help but you have not read my post correctly. I DID give notice in accordance with the agreement but he has not vacated or contacted us. My question is what am I legally entitled to do if he has not responded to the notice and has not vacated as this is not covered by housing law.
As also mentioned, I have no address for him.
As also mentioned, the buyer wants the garage vacant, hence it is jeopardising my sale.
Freeholder gave permission originally. This was let legitimately.
My question is can I remove his stuff if he is not responding to notice - not covered by housing law.

Robert

15:06 PM, 8th February 2023, About A year ago

Reply to the comment left by Richie at 08/02/2023 - 12:18Richie, would I liable for any damage to his possessions if I just took the door off? Or am I no longer responsible after notice has expired?

Richie

15:18 PM, 8th February 2023, About A year ago

I assume as I have done to give them 14 days notice to vacate his possessions then remove the door. . You have an agreement verbal or written and by default his continued use of your property.
Who's going to say that you removed it, maybe it was stolen?

Paul Power

19:26 PM, 8th February 2023, About A year ago

I was in the inverse situation with the Armed forces who changed the locks on my garage even though it was part of my quarters and refused to let me get my items including my car from the garage after. A swift visit from the police with the threat of arrest soon had the keys back to me. However I don't think on reflection that they did totally the wrong thing. Ultimately the garage is yours, you have tried to contact the occupier and had no response. If it is reasonable for you to suspect anything nefarious it's also reasonable for you to change the locks and then let the garage "tenant" know you have done so due to reasons. This will let you check if the garage is empty or not. If it is empty then you have the keys, you have given notice and by the sounds of it you have no written contract? If empty and no contract then effectively you have possession but I would still get some legal advice to understand the pitfalls. Changing the locks is likely to be less legally fraught than removing the door as well, if you went to inspect and they look tampered with as a good owner you have made safe and secure due to no response. Probably easier and cheaper than taking the door off as well.

David Houghton

18:45 PM, 9th February 2023, About A year ago

Change the lock. Put any items into storage. It's a licence not a tenancy

SCP

21:49 PM, 10th February 2023, About A year ago

Parties to a Contract are usually identified by name and address.
Why was the address omitted?
Was the rent declared to HMRC?
You certainly cannot continue to accept rent.
You can perhaps write to his bank to stop the standing order.
You can also contact him via his bank.
Good luck.

Jordan

13:01 PM, 11th February 2023, About A year ago

Quit taking rent. It is fraud if you continue to accept tenants rent. If rent is sent to you automatically each month. Close that account. Tenants payment will be returned. Than maybe they will contact you. Be the better person. Don't take door off, you could be arrested or fined for illegally entry, robbery, ect.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now