Rental Issues - Invasion of privacy

[Deleted User]

Personally, as long as the OP doesn't need a reference, and doesn't.., unless they are presenting a case at a Court of Law (where arguments about implied permission might arise although I suspect the OP has explained that very thoroughly too and his reasons for not taking the action he now has earlier).., he can shut off the electricity supply to the garage and change keys as and when he likes. Whatever electricity is being taken, it shouldn't have been. If the garage is listed in his tenancy agreement, it is his for the duration of the agreement.

A problem may arise if there are any delays in the progress of his house purchase when he might need to lean on his landlord's good will. Obviously there won't be much of that available but I can understand why the OP has acted as he has.

Guest101

thesaint wrote: »

Tell Shelter that this is not possible.

Why is that not possible, its entirely possible. What? maybe ive missed somthing

BlushRed

Many thanks for all the responses even if some have been quite negative about the fact we didn't speak sooner. The fact is I did and was ignored! I can't go into specifics about our circumstances here but part of the reason we didn't press for it was because quite frankly we had no where else to go! I came on here for advice and accept it all good and bad. Once again thanks for your time it has been much appreciated.

RAS

I would be inclined to talk to the Private Tenancy Relations Officer at your Council.

1. Just incase you need support dealign with the LL during the remainder of your tenancy.
2. Because there is a good chance that the next tenant will need help as well.

BlushRed

deannatrois wrote: »

Personally, as long as the OP doesn't need a reference, and doesn't.., unless they are presenting a case at a Court of Law (where arguments about implied permission might arise although I suspect the OP has explained that very thoroughly too and his reasons for not taking the action he now has earlier).., he can shut off the electricity supply to the garage and change keys as and when he likes. Whatever electricity is being taken, it shouldn't have been. If the garage is listed in his tenancy agreement, it is his for the duration of the agreement.

A problem may arise if there are any delays in the progress of his house purchase when he might need to lean on his landlord's good will. Obviously there won't be much of that available but I can understand why the OP has acted as he has.

We have received a letter today from their solicitor saying that as the garage was never mentioned in the initial particulars it was in fact never really for our use and that the Land lord has exclusive rights to use as they seem fit and will continue to do so otherwise if we try to stop them they will serve an injunction on us.
However, the garage is part of our inventory and also in our tenancy agreements it makes no mentions of exclusions, such as exclusive rights to the garage remain with the landlord.

I never actually had a paper copy of the description of the house it was viewed online and when we viewed the property they never said and because it was part of the inventory and not detailed as an exclusion in the tenancy agreement we believed it was part of the house.

However, if this was the case and the garage was for their exclusive use why does it not state about the fact the garage is linked up to the house and why did they not contribute to the payment of use of the electricity? There was no mention of that in their solicitor letter!

thesaint

Guest101 wrote: »

Why is that not possible, its entirely possible. What? maybe ive missed somthing

A tenant cannot remove a landlords stautory rights anymore than a landlord can a tenants.

G_M

BlushRed wrote: »

We have received a letter today from their solicitor saying that as the garage was never mentioned in the initial particulars it was in fact never really for our use and that the Land lord has exclusive rights to use as they seem fit and will continue to do so otherwise if we try to stop them they will serve an injunction on us.
However, the garage is part of our inventory and also in our tenancy agreements it makes no mentions of exclusions, such as exclusive rights to the garage remain with the landlord.

I never actually had a paper copy of the description of the house it was viewed online and when we viewed the property they never said and because it was part of the inventory and not detailed as an exclusion in the tenancy agreement we believed it was part of the house.

However, if this was the case and the garage was for their exclusive use why does it not state about the fact the garage is linked up to the house and why did they not contribute to the payment of use of the electricity? There was no mention of that in their solicitor letter!

Get out your tenancy agreement. Read it, and quote for us...

How does it describe the property? This will either be on the front page, and/or there may be clauses within the agreement further describing what you are renting.

* Does it give the address? Just the address?
* Does it describetheproperty in detail? Or not?
* Does it list any excluded parts? Or not?

(and see my post 41 above)

If required, download the Title from the Land Registry for £3 here.

Guest101

thesaint wrote: »

A tenant cannot remove a landlords stautory rights anymore than a landlord can a tenants.

What statutory rights are you referring to please.

The tenant has a statutory right to quiet enjoyment.

Now please refer to the LL's rights in this case.

Think you're making it up personally.

anselld

Guest101 wrote: »

What statutory rights are you referring to please.

The tenant has a statutory right to quiet enjoyment.

Now please refer to the LL's rights in this case.

Think you're making it up personally.

The LL has statutory access rights in order to fulfill repairing obligations. These conflict with quiet enjoyment and it is ultimately for the courts to decide on each case.

G_M

Guest101 wrote: »

What statutory rights are you referring to please.

The tenant has a statutory right to quiet enjoyment.

Now please refer to the LL's rights in this case.

Think you're making it up personally.

Quiet enjoyment is not a statutory right. It is common law. And it does not overrule all other rights.

See

http://forums.moneysavingexpert.com/showpost.php?p=62549339&postcount=28