Garage dispute?

Garage dispute?

0:03 AM, 10th November 2023, About 7 months ago 28

Text Size

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


Share This Article


Comments

paul fenton

10:13 AM, 10th November 2023, About 7 months 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

Kizzie

10:19 AM, 10th November 2023, About 7 months 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.

Small Portfolio Landlord

10:53 AM, 10th November 2023, About 7 months 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.

Anony Mouse

10:55 AM, 10th November 2023, About 7 months 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

Freda Blogs

11:30 AM, 10th November 2023, About 7 months 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.

JB

12:26 PM, 10th November 2023, About 7 months ago

I'm wondering if the freeholder gave permission for the erection of the garage - which I believe was required? Would this be relevent?

BRACKS Mead

13:19 PM, 10th November 2023, About 7 months ago

As others have said, S21 using the Housing Act doesnt apply to garages, as it is not a habitable space.

DPT

13:46 PM, 10th November 2023, About 7 months ago

Contact a solicitor to see whether the agreement you signed is binding on the current owner.

Michael Booth

14:18 PM, 10th November 2023, About 7 months 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.

Easy rider

17:31 PM, 10th November 2023, About 7 months ago

I’d take MY garage down and let the d/head sue me. It’d be fun.

1 2 3

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