Unfair(?) Garage Arrears and Repossession

scarlet_shoegal

I hope someone might be able to give me a bit of advice…
I rent a garage from our local Council which I pay for by monthly standing order and have done for three years. I returned home from work last night to find our padlock had been drilled off and a new one put on there. We called the Council straight away who were beyond unhelpful. They didn’t know if it was them, (the team had gone home) and couldn’t check their computer system to find out. They wouldn’t send anyone to view it or help us gain access and told us to call today. I explained I was too worried to do that – I thought it odd for the council to have done it out of the blue and was worried it was a break in and that they planned to return later to clean everything out. Eventually I spoke to someone else who informed me they couldn’t help and that it wasn’t their policy to repossess in such a way, so it was likely a burglary. I was told to call the police and basically deal with it myself.
To try and cut down on the waffle, I got a locksmith last night to remove the lock and help us gain access – we then bought and fitted a new lock and reported it to the police. Cue sleepless night.
This morning, I called again to ask for help, (the door is broken) and was told they repossessed it yesterday because the account was in arrears. I told them it couldn’t possibly be and they agreed they do get a monthly payment from me going on to the account. However, they have been applying rent increases every year for the past three years and since I didn’t know about these, the standing order has been short and arrears have accrued. Turns out they still have my old address listed from when I requested a garage transfer three years ago and are claiming they didn’t know I moved. I’m therefore to pay them all the back dated rent and am stuck with the cost of the locksmith and new lock myself.
I know I informed them of the new address – it’s on the application I sent them at the time and I clearly state in all my emails that I’m requesting a garage transfer because I’m buying a new property and want a spot in the new street. When I returned the keys for the old garage, I confirmed I had now moved and the agreement could be terminated, (which they did.) I’m also a private leaseholder with them and have received all of my service charge bills, council tax statements, electoral register forms and parking permit updates at my current address. I had no way to know one department was missing this information and they have never tried to contact me via phone or email, (in three years!) to advise that the payments were short each month. There was also no notice left on the garage yesterday to inform us the new locks belonged to them.
Sorry for the very long story, but basically I’m wondering what now? Am I liable for all the back-dated rent and the costs incurred yesterday for the locksmith and lock, or is it fair to expect them to offer a reasonable compromise?

Comms69

Yes for backdated rent, that's obvious.


The locksmith and lock - complicated. You made efforts to establish ownership and were given assurance it was not the council; so I would dispute the cost of the lock.


The locksmith - it depends on the quality of the lock. If it was reasonably likely to be forced open with a set of cutters that would be the cheaper option and you could only reasonably recover that sum.

Jumblebumble

Comms69 wrote: »

Yes for backdated rent, that's obvious.


The locksmith and lock - complicated. You made efforts to establish ownership and were given assurance it was not the council; so I would dispute the cost of the lock.


The locksmith - it depends on the quality of the lock. If it was reasonably likely to be forced open with a set of cutters that would be the cheaper option and you could only reasonably recover that sum.

If you get no joy a complaint to the LGO may do the trick
I would be claiming back all costs as I would take the view that i need to be retuned to whole as a result of their mistake
JumbleBumble

TheTalkingDead

If the letter from the council was stuck to the garage door stating they a have repossessed under possession order and had changed the lock, and you phoned to check, and the person on the other end of the phone said sorry not us, not our problem, call police, then in my mind you had reasonable excuse to remove the lock and replace it with you're own and they forfeit their costs for that lock.


I would be asking for the copy of the recorded phone call you made Via a Subject access request of that discussion at the earliest opportunity to the council ASAP to secure it as future evidence.


If you have evidence to suggest the department made errors in dealing with your information from this garage transfer and address update, Make a written complaint (follow their complaints process) provide copy of your emails and letters evidencing you had, and evidenced calls to and from the council of time you say it were updated from itemised Phones bills and make a complaint of handling errors in data information contrary to DPA.


Their mistake or not mistake, there's an outstanding debt for lease of a garage, even if you dispute this amount, I would suggest in paying it in person at the council in whole or in part, and writing on the receipt that this amount is currently being disputed write you complaint log number on it, date and sign it ask them to take a copy and pass it onto the department in which you have the dispute.


Once you have followed the complaints process, and have no resolution to it, the council will direct you to the Government Ombudsman with a enclosed leaflet, follow the Ombudsman process and direction.


If there is a court appointed possession order, (you should have had notice to vacate posted on the garage pre possession action), There are strict court rules to abide by when a council or landlord try's evicts you from a premises, if you have the paperwork from the council about the possession order now, go back to the court and explain the situation, the clerk will give you forms to fill in (I call it a statutory declaration basically saying you had no prior knowledge until this day that proceedings were being taken against you to reposes the garage, if you did know though your committing a criminal offence by making a stat dec you didn't and the punishment is severe) and a hearing will be set on matter. It may or may not be quashed and council re apply for the order.


http://england.shelter.org.uk/legal/security_of_tenure/possession_proceedings/enforcement_of_possession_orders/warrant_of_possession

scarlet_shoegal

Just to say thank you to everyone for all your help and taking the time to reply - much appreciated.


I've found a copy of my original emails and even a letter requesting a change of address and have sent this on to them as proof they had my details wrong through no fault of my own.


We also took pictures of the garage on the night to prove our lock was drilled off and that there was no notice displayed from the Council stating that it was them carrying out a repossession. It appears that if they did provide advanced warning that too was sent to the address they had listed incorrectly.


We actually want to seek the cost of the locksmith and our new lock from them; so far they have not responded to me or provided proof of the notices they claim to have sent or the requests for additional rent. In fact, they haven't even sent me an arrears bill yet so I think my next course of action will be to escalate the complaint.


Thank you all again for your help!