Renting Garage - no rent collected

weby72

I'm looking for some guidance or help (or even a pointer where to get help) because I'm stuck.


My mother in law is selling up to move into a retirement apartment, as she has early stage Alzheimers. My father in law died 3 years ago. She lives in a freehold house, which they bought 34 years ago. There is a row of garages behind the house, which were owned either by the builder or an associated company and allocated to each house. The FiL/MiL rented one for a nominal amount, although there doesn't appear to have been a formal rental agreement and all the houses stopped receiving rent demands around 20-25 years ago. None has been paid since. A neighbour thinks that around this time the owning company went bust & a letter was sent to the garage 'tenants' advising this and offering them the chance to buy the deed to their individual garage. Some did, most didn't. The FiL/MiL didn't, and never again received a rent invoice and have not paid any rent since.


However, letters have recently been posted under the garage doors addressed to the garage users, saying that the garage 'tenant' owes rent.


I'm under the impression that the length of time having passed without asking for any rent means that the owners have relinquished any claim to the garage, not to mention that the company claiming to be the owners certainly isn't the same company that owned them.


There's also a suspicion the letters aren't genuine (a scam?) and I'm currently in the process of looking into this.


But, in the meantime, any help/guidance would be welcome.


Thanks

thequant

weby72 wrote: »

I'm looking for some guidance or help (or even a pointer where to get help) because I'm stuck.


My mother in law is selling up to move into a retirement apartment, as she has early stage Alzheimers. My father in law died 3 years ago. She lives in a freehold house, which they bought 34 years ago. There is a row of garages behind the house, which were owned either by the builder or an associated company and allocated to each house. The FiL/MiL rented one for a nominal amount, although there doesn't appear to have been a formal rental agreement and all the houses stopped receiving rent demands around 20-25 years ago. None has been paid since. A neighbour thinks that around this time the owning company went bust & a letter was sent to the garage 'tenants' advising this and offering them the chance to buy the deed to their individual garage. Some did, most didn't. The FiL/MiL didn't, and never again received a rent invoice and have not paid any rent since.


However, letters have recently been posted under the garage doors addressed to the garage users, saying that the garage 'tenant' owes rent.


I'm under the impression that the length of time having passed without asking for any rent means that the owners have relinquished any claim to the garage, not to mention that the company claiming to be the owners certainly isn't the same company that owned them.


There's also a suspicion the letters aren't genuine (a scam?) and I'm currently in the process of looking into this.


But, in the meantime, any help/guidance would be welcome.


Thanks

Anyone chasing unpaid debts can only claim back 6 years due to the statue of limitations.


Also for them to chase the debt, they need to now prove they are now the freeholders of the garage.


I would write to them to advise that you put them to strict proof of ownership.


not withstanding that you might be able to claim adverse possession, although this no longer exists you might be able to claim as the 12 year rule for adverse possession would have long passed before the government recently changed the rules.

G_M

Good advice above.

You could also download the Freehold Title for the garages here for £3 and see if the registered owner's name matches the name on the letter.

The Land registry guide to adverse possession is here.