Garage Renting - New Landlord

Raxiel

I know this board is for House renting, but it still seems the best place to ask.


I rent a lock-up garage close to my home from a private landlord (one of a block). I've rented it for almost 6 years now, and besides the initial contact and a rent hike last year I've had no contact whatsoever, with the rent going out on the first of the month by standing order.


Earlier in the year there was talk among the neighbours about the garages going up for sale (they were on Rightmove) but no contact (formal or informal) from the landlord then or since.


Well, I suppose they've been sold, because today I got an SMS message from an unknown number saying they were the new owner and providing new bank details. Followed by another text half an hour later giving the 'new rent' (a hefty increase over the existing rent) and a request to let them know if we were staying on or leaving, or if we wanted any additional garrages. Two hours after that another SMS saying rent is due today for next month.


Apart from the obvious problem I have with setting up a standing order on the say so of an unsolicited SMS, I've had no contact at all from the previous landlord ending the contract with him.


What are my rights here? This isn't an AST and there's no depost in play.
Do I have an automatic right to a minimum notice period? Both for the change in notice period and increase in rent. Or is it only if there's provision for one in the original agreement (I'll have to dig that out tonight)


As it's the first of the month, this month's rent has already gone out to the old landlord. I'm not going to double pay, but if the old landlord confirms he's sold the property to the company who contacted me, do I have to pay them and then wait however long it takes the old landlord to refund me, or can I just direct them to him?


I was already planning on ending the rental and parking somewhere else, but it will take me time to get alternative arrangements so these immediate demands for payment have thrown me off.

HampshireH

Garages are usually let on a licence. What does yours say?

G_M

I can't see the contract you originally signed so it is hard (nay- impossible) to comment!

Raxiel

Contract is here https://imgur.com/a/djwdu22 No mention of a licence

I was wrong about no deposit, that was £65. Not protected in any way but I assume that's only for residential lettings.


I've spoken to a couple of neighbours who rent, and they've had the same texts, one has tried to contact the old landlord without any response so far.

G_M

Non- residential so deposit does need to be protected.


Apart from the lack of any name/address for the landlord, or signitures by LL or tenant, the contract seems clear:


* subject to the 3 month minimum term (which has long-since passed), the contract can be ended at any time by either side with 1 months notice (to expire on last day blah blah.....)
* rent can be reviewed (ie increased!) at any time subject to one months notice - whether text constitutes 'written notice'I am unsure though I suspect it does not, especially as the contract specifies the tenant address.


Note that I'm not that familiar with commercial contracts (whether tenancy or licence), so there may be statutes or legal precedents that apply and over-rule aspects of the contract, but this is far less likely than if this were a residential contract.

Raxiel

Thanks for your response,

G_M wrote: »

Non- residential so deposit does need to be protected.

Is that a typo, or is the LL potentially in trouble for not protecting?

Apart from the lack of any name/address for the landlord, or signitures by LL or tenant, the contract seems clear:

The original does have those, I just cropped them off.

* subject to the 3 month minimum term (which has long-since passed), the contract can be ended at any time by either side with 1 months notice (to expire on last day blah blah.....)
* rent can be reviewed (ie increased!) at any time subject to one months notice - whether text constitutes 'written notice'I am unsure though I suspect it does not, especially as the contract specifies the tenant address.


Note that I'm not that familiar with commercial contracts (whether tenancy or licence), so there may be statutes or legal precedents that apply and over-rule aspects of the contract, but this is far less likely than if this were a residential contract.

Since the old LL still hasn't given me notice, I suppose technically I still have a contract with him, and he is presumably in breach of his sales contract with the new owner as his business hasn't vacated the property. Having spoken to the new owner he seems reasonable and it seems he's been put in an awkward position and expected the LL to have notified the tenants already, and rent payments to have already been stopped.



I think I'll just have to give notice myself, and then consider if I want to keep it and ask the new owner for a new tenancy agreement starting 1st June in that case.

davidmcn

G_M wrote: »

* rent can be reviewed (ie increased!) at any time subject to one months notice - whether text constitutes 'written notice'I am unsure though I suspect it does not, especially as the contract specifies the tenant address.

Almost certainly not, especially if the text purports to be from a stranger claiming to be the new landlord and the OP hasn't had any notice from the old landlord of a sale.

Otherwise anyone could churn out SMSs saying "HAI I AM YR NEW LNDLORD HONEST PLS SEND MUNNY TO THIS A/C THX"

Technically the OP can do nothing until the old landlord contacts them, and continue sending rent to the existing account, but might be more helpful to assume both landlords are just idiots and try contacting them to sort it out.

G_M

Raxiel wrote: »

Is that a typo, or is the LL potentially in trouble for not protecting?

"Non-residential, so deposit does not need to be protected."
Sorry - typo!

Good points from David.


Once the issue of the legitimate freeholder/landlord is clarified, and assuming he still wants to increase the rent, a further option is to club together with other garage tenants. There's power in numbers.


If they all pay up, and you decide to leave rather than pay higher rent, the new LL only has to replace one garage tenant - probably quite easy.


If you all (or most) leave/threaten to leave, the LL might face a significant period of time with reduced or zero rent before replacing all the tenants- and may decide it's financially better to keep the existing tenants on the existing rents.

AdrianC

Raxiel wrote: »

Since the old LL still hasn't given me notice, I suppose technically I still have a contract with him, and he is presumably in breach of his sales contract with the new owner as his business hasn't vacated the property.

No, it's simpler than that - the tenancy continues, just the landlord changes.

Raxiel

Well the LL got back to me already (I guess the other neighbour got silence because he has a habit of going in guns blazing.) He confirmed the person who contacted me is the legitimate owner, and then pretty much washed his hands of the whole thing, implying the new owner is the person I need to give notice too and ask them for my deposit.


Technically the contract makes no provision for those responsibilities to be transferred (unless there's overriding legislation that I'm not aware of*) but fair enough in practice provided the new guy is amenable (which he may well be, to be fair). He did follow up his texts with a phone call to confirm I'd received them and whether or not I'd already paid this month (I guess others have complained to him).


I just have to decide if I'm going to hand the keys back this month or pay one or two months at the higher rate and terminate at a more convenient time.


In the end this seems to be working out a bit more straightforward than I first thought, but thanks for the responses anyway.


*Edit: Apparently there is.

Raxiel

G_M wrote: »

Good points from David.


Once the issue of the legitimate freeholder/landlord is clarified, and assuming he still wants to increase the rent, a further option is to club together with other garage tenants. There's power in numbers.


If they all pay up, and you decide to leave rather than pay higher rent, the new LL only has to replace one garage tenant - probably quite easy.


If you all (or most) leave/threaten to leave, the LL might face a significant period of time with reduced or zero rent before replacing all the tenants- and may decide it's financially better to keep the existing tenants on the existing rents.

I think he has had some pushback already, I've had a text offering to reduce the rent from £47.50 to £45, which given the condition of them is still a bit rich for my tastes (I'm not thrilled with the £35 I'm paying now). Four of the ten are rented by people on the road AFIK, with the others rented by people who use them for storage and turn up once in a blue moon.


To be fair to him, while I don't know what he paid, even at the low end of the scale on the listing he'd be looking at over 7 years to make his money back at the current rents, and that's before mortgage interest or maintenance costs (something pretty much neglected by the previous owner) but the profitability of his business isn't really my problem.