Tenancy Issue....

Author
Discussion

Gibson70

Original Poster:

464 posts

212 months

Monday 28th September 2009
quotequote all
Chaps,

I have a tenant who is renting my property and the property includes a single garage. The garage is full of my stuff and the tenant wants it to be removed so he can use it. I have politely refused his request. What is the tenant's rights for the garage use ?

Any advice ?

Thanks

SG

The Tea Boy

4,129 posts

242 months

Monday 28th September 2009
quotequote all
If it is written into the contract that the garage is excluded from the tenancy then this is fine. If not, he does have the right to use as he wishes and he could technically say that you are not fulfilling the contract under the landlords obligations under the housing act.

Regards
Matty

sonic_2k_uk

4,008 posts

214 months

Monday 28th September 2009
quotequote all
is the garage in the rental agreement? i.e is the tenant supposed to have access to the garage?

Dupont666

21,678 posts

199 months

Monday 28th September 2009
quotequote all
Gibson70 said:
Chaps,

I have a tenant who is renting my property and the property includes a single garage. The garage is full of my stuff and the tenant wants it to be removed so he can use it. I have politely refused his request. What is the tenant's rights for the garage use ?

Any advice ?

Thanks

SG
What did you put on the contract?

House or house and garage?

is this a recent thing were he wants use of it? Or has he been there ages?

if the former then in all fairness they could have got the house thinking 'Great a garage to put the car', now you turn around and say tough, which is harsh.

The Tea Boy

4,129 posts

242 months

Monday 28th September 2009
quotequote all
It doesnt matter how the house was marketed! If it was not excluded within the contract then it is inclusive with the tenancy agreement. Anything within the boundrays is for the use of the tenant. But if you were to exclude the garage within the agreement and the garage was up the drive way for instance, by law you as landlord would have to request permission from the tenants to acsess otherwise you could be prosicuted for tresspass!

Regards
Matter

Gibson70

Original Poster:

464 posts

212 months

Monday 28th September 2009
quotequote all
sonic_2k_uk said:
is the garage in the rental agreement? i.e is the tenant supposed to have access to the garage?
Yes, the garage is in the rental agreement, unfortunately.

Gibson70

Original Poster:

464 posts

212 months

Monday 28th September 2009
quotequote all
Dupont666 said:
Gibson70 said:
Chaps,

I have a tenant who is renting my property and the property includes a single garage. The garage is full of my stuff and the tenant wants it to be removed so he can use it. I have politely refused his request. What is the tenant's rights for the garage use ?

Any advice ?

Thanks

SG
What did you put on the contract?

House or house and garage?

is this a recent thing were he wants use of it? Or has he been there ages?

if the former then in all fairness they could have got the house thinking 'Great a garage to put the car', now you turn around and say tough, which is harsh.
The house is being marketed by a local lettngs agency. The agreement includes house and a garage! The tenant has rented the property for 2 years now!

Edited by Gibson70 on Monday 28th September 14:32

SimonD

486 posts

288 months

Monday 28th September 2009
quotequote all
So let me get this straight. It was marketed as a house and garage, the garage is in the contract, you are no doubt taking rent for the house AND the garage, and you are asking if it's OK to do the tenant to 'do one' when he's merely wanting to use something he's paying for....

Why not just rent some self-storage somewhere to put your stuff in and let the tenant access to what he is, by law, required to have access to? Sorry if that seems a little confrontational, but I don't see how there is even a question mark over this?

Dupont666

21,678 posts

199 months

Monday 28th September 2009
quotequote all
From the sounds of it the OP is bloody lucky not to have a written letter stating they have X days to get the stuff out of the garage otherwise its going on the drive and being sold/dumped.

If it had been me and I had paid for the whole property and then being told that I wasnt allowed to use a part of it, then a) I would want a discount or b) you would bloody well move your stuff out of MY garage.

Sorry to sound harsh OP, but you are kind of taking the piss a little bit with what you did and you have got away with them not wanting use of the garage for 2 years... think of that as free storage, now go and pay for it...

Gibson70

Original Poster:

464 posts

212 months

Monday 28th September 2009
quotequote all
Thanks Chaps for the advice....I have now instructed to get my storage to be removed so the tenant can use it. Got to make them happy as long as I get my rent money smile

Cheers