Garage clearance causing issues?
3 years ago | 5 comments
Garage dispute?
12:03 AM, 10th November 2023, 2 years ago
28
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Hi, I rented a garage space in a block from a neighbour, we drew up an agreement from the internet, no problem. I erected a sectional garage on the space to store a car, I have receipts.
Unfortunately, the neighbour has sold up. The new owner now wants the space back and the garage even though I showed him receipts for it. He still states it’s now his garage because it’s in his space.
I suggested he pay me half of the cost for the garage, but he refused. I want to take the garage down. He posted a section 21 notice through my door obviously printed from the internet, giving me 4 weeks to get my car out and give him the keys. He has threatened to knock the garage down with my car in it.
Has anyone experienced anything like this?
Many Thanks,
John
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Section 21 evictions reach record breaking high
Member Since October 2023 - Comments: 9
10:13 AM, 10th November 2023, About 2 years ago
I am not a legal expert but from what you have described you have a commercial contract not a residential as it is only for a garage , so a S21 notice under the Housing Act does not apply as it is not a residential property . The rental will be determined by the your agreement . In the past I have rented parking spaces with one week notice written into the agreement . I am unclear whether any commercial Acts apply ie the Landlords and and Tenant Act 1954 for a garage which gives rights for commercial tenants or whether there is an exclusion clause for this Act – but it would be interesting if anyone else has comments
Member Since October 2022 - Comments: 402
10:19 AM, 10th November 2023, About 2 years ago
I would have thought that the agreement or contract now void as one of the parties to the agreement is no longer a party to the agreement.
The new purchaser has bought the Title which includes the garage and if freehold the land on which garage sits.
Member Since March 2023 - Comments: 41
10:53 AM, 10th November 2023, About 2 years ago
This should have come to light during the sale and purchase of the property, unless the seller didn’t tell anyone. If he did, it’s down to the conveyancing solicitor to have highlighted it to the buyer before completion.
Member Since November 2023 - Comments: 2
10:55 AM, 10th November 2023, About 2 years ago
Reply to the comment left by Kizzie at 10/11/2023 – 10:19
Don’t agree.
Only relatively few (like personal services ) end automatically with death, unless there is a clause to that effect (like with student loans).
Almost all contracts and the obligations created by them will continue even after the person creating the contract has passed away. get legal advice – the Court would have to decide whether this was a personal contract between the two parties (when the contract dies) or a contract between the owner of the property and the user of the garage space.(Probably the latter unless there is wording in the Law of Property Act (1925!) that covers it and wasn’t complied with)
Anony Mouse
Member Since July 2013 - Comments: 754
11:30 AM, 10th November 2023, About 2 years ago
What are the terms of the contract that was signed? Most likely it was a licence and will afford no security of tenure.
The s21 is not the correct tool to use, and you could play along with it for a while in the knowledge it will fail, but that may only buy you a bit of time. Ultimately the purchaser wants his parking space, and likely there’s not much you can do about it unless you can demonstrate that your agreement offers you rather more security than a licence, and you may have to get a solicitor involved to advise and write to the purchaser appropriately.
Member Since May 2017 - Comments: 763
12:26 PM, 10th November 2023, About 2 years ago
I’m wondering if the freeholder gave permission for the erection of the garage – which I believe was required? Would this be relevent?
Member Since March 2023 - Comments: 39
1:19 PM, 10th November 2023, About 2 years ago
As others have said, S21 using the Housing Act doesnt apply to garages, as it is not a habitable space.
Member Since October 2020 - Comments: 1134
1:46 PM, 10th November 2023, About 2 years ago
Contact a solicitor to see whether the agreement you signed is binding on the current owner.
Member Since September 2023 - Comments: 335
2:18 PM, 10th November 2023, About 2 years ago
Sounds like nothing been said about the contract by the previous owner if they did the solicitors both buyer and sell would have or should have picked this up.
Member Since September 2023 - Comments: 173
5:31 PM, 10th November 2023, About 2 years ago
I’d take MY garage down and let the d/head sue me. It’d be fun.