LL's or Letting Agents - Help needed re: unusable garage!

WartimeScrapingofMarmite

Hi everyone

I've only really ever lurked on this board, so I hope someone out there can help a relative newbie please!:)


We rent our house which has a garage. When we viewed the property originally we were told there was storage space in the garage loft. We have since found that although the garage is boarded out, the landlords have stored most of the furniture from the house in the loft space, meaning that our storage bits are now at ground level in the garage. We therefore can't use the garage to put a car in as there is no room.

None of the items in the loft space is on the Inventory and was not mentioned on the original lease agreement - in fact the inventory states that the garage has a "board ceiling with storage above". there was no ladder available to access the loft space when we viewed the garage before signing the lease.

Can anyone advise where we stand on this? We have asked for the items to be removed from the loft, but the landlords have refused.

Some of this may sound naive, but this is the first time we have rented so we are a bit "green" (you live and learn I suppose!)

Thanks in advance to anyone who can help!

dorset_nurse

If the LL has advertised that the space is for your use he should agree to either remove it or allow you to do so. Try reminding him of the property misdescriptions act 1991. He may realise you may decide to cancel your tennancy agreement and claim back any money paid under "misrepresentation"- and therefore suddenly become helpful

princeofpounds

The space is 'demised' (allocated) to you in your tenancy. The LL cannot reserve space for this own possessions. However, you cannot simply dispose of them as you have a legal responsibility for them (a 'bailment' has been established). Your responsibility in broad terms is to give him a reasonable opportunity to collect the goods. In theory you can eventually move them, charge storage costs and sell the goods to pay it off, if I recall correctly, but there is quite a specific area of law.

In the first instance it is best to sort this out in everyday terms, rather than go legal. Write to him, point out there are possessions in the loft and that under the tenancy agreement you contracted to have access to and use of all the space, which his possessions are blocking. Ask him what his plans are to remove them, because you need the space.

If you get a negative reply, then you can look at getting legal. The letter is useful to start establishing a timeline. However, be aware that if you dispute things with your landlord you may not eventually get a renewal, but would you want one if he treats you badly?

I do not think lettings come under the property misdescriptions act.

dorset_nurse

princeofpounds wrote: »

I do not think lettings come under the property misdescriptions act.

It does. Google it.

geoffky

Tell the landlord to get rid of his stuff...you need the space...but there maybe problems if you do..

WartimeScrapingofMarmite

Thanks everyone, very helpful comments. The landlords themselves live abroad so we've been dealing with the Letting Agents who have been then passing our emails onto to them. Does it matter that the landlords are not in the country so cannot physically move their posessions themselves?

prudryden

Your original message didn't state whether the contract gave you right of use to the "board ceiling with storage above" or was it just stating the existence thereof. Storage also means "the act of being stored". So perhaps it refers to items already stored there. All so complicated, I suppose.

may_fair

So long as the garage is part of the property demise, (and the ceiling cavity is not specifically excluded under the terms of the contract), then the garage in its entirety is included in the let (I think this is under Law of Property Act 1925, but not 100% sure) - just as it would be if you had bought the title of the property.

The LL's goods stored in the garage still belong to the LL and you have a duty of care in respect of dealing with the goods.

Just follow the procedure for dealing with abandoned/uncollected goods. See this link. The main thing is to serve a minimum of two notices before doing anything with the goods (keep copy notices and evidence of service), so that the LL has fair warning to deal with the removal/disposal himself. It's okay to use the address for serving notices in England/Wales which is usually contained in the tenancy contract (but if you have LL's non-UK address I'd probably send copy notices there too).

It makes no difference that LL lives abroad; he must ask the agent or someone else to deal with the goods on his behalf.

WartimeScrapingofMarmite

Thanks may_fair. That's really interesting reading. We haven't touched anything that is in the garage loft so far, mainly because we don't want to be held responsible for anything that might be/get damaged, since none of it is inventoried. I suspect the agent that did the inventory didn't even look in the loft space as they mentioned the garage tools, paint etc that were in the garage at ground level.

prudryden - you're right, this renting business IS complicated, much more so than I though it would be!

Mallotum_X

If you are hoping to get a renewal of the lease then be careful about how strong you act on this. You may get your storeage space for a couple of months but if you then end up homeless will it be worth it. If there any way you can see a compromise so that you can store things as well as the LL?

jjlandlord

WartimeScrapingofMarmite wrote: »

We haven't touched anything that is in the garage loft so far, mainly because we don't want to be held responsible for anything that might be/get damaged, since none of it is inventoried.

If nothing is inventoried, there is no way to prove exactly what's there and in which original condition...