Unfair Garage Rent Payment?

by Readers Question

15:04 PM, 16th November 2020
About 3 weeks ago

Unfair Garage Rent Payment?

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Unfair Garage Rent Payment?

I own a flat which has two leases. One for the flat itself, which is broadly fair and one for a garage, which is unfair and has to be taken on when the property is purchased and stays with the flat lease. The Lessees have to pay an annual rent to the Freeholder. This is currently £675pa.

The maintenance of the garages is the sole responsibility of the Lessees. The Freeholder has no responsibilities for the garages other than to collect the rent twice a year.

The Lessees are currently trying to challenge the garage rent amount. The lease has an appeal process where a Chartered Surveyor appointed by the Freeholder, sets the lease, but the Freeholder is resisting this being started. We are therefore considering challenging the garage lease as whole to get it changed, but are not sure how we should best go about this.

Is an application to the LVT the best way? Do we need a Solicitor in order to do this?

Any advice about dealing with unfair garage rents will be gratefully received.

Richard


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Comments

Lindsay Keith

11:40 AM, 17th November 2020
About 2 weeks ago

You need a good lawyer. I would recommend ODT Solicitors LLP of Brighton as excellent L&T lawyers.
I declare an interest, I was a consultant there (not in that field) and they acted for me in a leasehold enfranchisement matter, successfully and their fees were worth every penny.

BernieW

16:52 PM, 17th November 2020
About 2 weeks ago

The devil will be in the detail, so RTBL. If you can't read the lease and understand it - email it to me and I'll do it for you.
Usually, there is a clause where the matter is referred to an RICS appointed value, if agreement cannot be reached. Have you found that clause?
The LVT no longer exists in England (it's still there in Wales) having been replaced in July 2013 by the First-tier Tribunal (Property Chamber) Residential Property. Their jurisdiction may not cover garages, as they're not residential as such.
Happy to discuss.

Kevin B

9:31 AM, 21st November 2020
About 2 weeks ago

Do you Really need/use the garage? Why not rent out the garage and make a profit on it?

Richard Thomas

12:38 PM, 26th November 2020
About A week ago

Reply to the comment left by Lindsay Keith at 17/11/2020 - 11:40
Many thanks,
Could you give me a name of someone who I should speak to at ODT?

David

16:24 PM, 26th November 2020
About A week ago

Reply to the comment left by Kevin B at 21/11/2020 - 09:31
That's what I was thinking. Depending on where it is, it could be worth much more than £675 a year


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