Rented Garage Clearance Question
Discussion
I rent a garage out and haven't been paid for three months, I have issued an email and recorded delivery letter advising the renter he needs to move his stuff out. I went down last night to check on it and it's stuffed to the rafters with junk.
I know under the junk is a bodyshell of a mk1 ford contina and I can see several body panels mixed in with old bike parts and junk. I have phoned a garage clearance company and they will collect it and scrap everything, but I need under section 1 notice to try and get the good bits sold. Does anybody have any experience of a company that would be able to help?
Mods - not sure if this is in the right section.
Thanks in advance.
I know under the junk is a bodyshell of a mk1 ford contina and I can see several body panels mixed in with old bike parts and junk. I have phoned a garage clearance company and they will collect it and scrap everything, but I need under section 1 notice to try and get the good bits sold. Does anybody have any experience of a company that would be able to help?
Mods - not sure if this is in the right section.
Thanks in advance.
Edited by Pistol Pete1 on Tuesday 26th July 13:32
Pistol Pete1 said:
Recorded delivery letter returned 'refused' so I have sent a copy to his email address.
Yes, there are some things in worth money (english diff and cortina mk seats and repair panels) which makes it harder to sort. I will try calling him this week and see what response I get.
I don't know the exact procedure in this type of case, but you might need to tell him that his goods will sold by X date, otherwise he might sue you for the value.Yes, there are some things in worth money (english diff and cortina mk seats and repair panels) which makes it harder to sort. I will try calling him this week and see what response I get.
Simpo Two said:
I don't know the exact procedure in this type of case, but you might need to tell him that his goods will sold by X date, otherwise he might sue you for the value.
Yes I have set out in the letter that I am terminating the rental agreement and have given him 1 months noting (paid monthly) and that all items left in the garage after this date will be disposed off. I belive this falls under a section 1.This is the information I am using for Section 1:
https://www.landlordvision.co.uk/blog/tenant-leave...
The contract doesn't detail how good will be removed but he is clearly in breach of contract through not paying.
Edited by Pistol Pete1 on Monday 1st August 12:27
Emailed a copy of the eviction letter last week and this week I received 1/5 of the outstanding amount. So I know he has the same email address and is reading them. Thanked him for the payment but confirmed he still needs to vacate the garage by end of Aug as I have somebody who wants it.
Small progress.
Small progress.
Is he on a garage license agreement?
If so it should be clear I there what the terms are. Usually 1 weeks notice, send to address on the agreement and tape a copy to garage door. If still in arrears, he has broken the agreement, enter garage and clear stuff out.
Send him the bill for clearance and locks changing. Don't expect him to pay and move on.
Be careful as he will probably go in, get anything out that might be worth something, leave you with all the crap and no rent.
If so it should be clear I there what the terms are. Usually 1 weeks notice, send to address on the agreement and tape a copy to garage door. If still in arrears, he has broken the agreement, enter garage and clear stuff out.
Send him the bill for clearance and locks changing. Don't expect him to pay and move on.
Be careful as he will probably go in, get anything out that might be worth something, leave you with all the crap and no rent.
PurpleFox said:
Is he on a garage license agreement?
If so it should be clear I there what the terms are. Usually 1 weeks notice, send to address on the agreement and tape a copy to garage door. If still in arrears, he has broken the agreement, enter garage and clear stuff out.
Send him the bill for clearance and locks changing. Don't expect him to pay and move on.
Be careful as he will probably go in, get anything out that might be worth something, leave you with all the crap and no rent.
Thanks.If so it should be clear I there what the terms are. Usually 1 weeks notice, send to address on the agreement and tape a copy to garage door. If still in arrears, he has broken the agreement, enter garage and clear stuff out.
Send him the bill for clearance and locks changing. Don't expect him to pay and move on.
Be careful as he will probably go in, get anything out that might be worth something, leave you with all the crap and no rent.
Pistol Pete1 said:
I have given him ovee 1 month notice to clear it out. He doesn't live there, it's just storage so I belive i am in my right to check if he is still using it especially when he hasn't paid.
Are you absolutely sure you haven't unintentionally entered into a tenancy with security of tenure under the Landlord & Tenant Act? What form is your agreement? Does it include a right to enter the premises (which you've done)?If it is expressed as a "licence" are you sure it meets the criteria for being considered a "licence?" Does it grant exclusive occupation of the garage, or is it sharing (as in "the landlord will share with the licensee the space...")? Street v Mountford (HoL, 1985) is the precedent here: a "licensee" with exclusive possession of a property is a tenant. A tenancy not expressed in the correct terms can confer upon the tenant security of tenure (meaning you can't get rid of them except in specific circumstances).
You can't use a Torts Act notice until you've re-taken possession and brought the rental to an end. Have you done so? Until that point, you have no rights whatsoever to interfere with his goods.
If you've accepted his rent (1/5 you said = perhaps a few weeks), what does the agreement say about rent arrears? How late may they be before action? If, say, the agreement says you can evict if he's more than 3 months overdue, he now isn't more than 3 months overdue because you've accepted his rent.
Once you've re-taken possession, change the locks. The current tenant must ask for access to recover goods. If you allow them to "pop in" during the 21 days using their key, you haven't re-taken possession.
As regards the goods, the advice on that page is good. If you don't allow them proper time to recover goods, they can obtain an emergency injunction against you (at effectively your cost) to prevent you from disposing of goods. If you do it anyhow, they can claim for damages (and they will win - the law is quite clear in this area).
TL;DR: If you're not sure about the legal position, tread carefully. If you suspect your licensee/tenant might be clued-up, try hard to get their agreement to leave (rather than evicting them). If you're absolutely sure of your position & the validity of the agreement, nonetheless make sure you follow it to the letter.
IANAL. I do a lot with commercial property. I've dealt with these areas of the law. But still IANAL
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