Advice needed: Can Landlord take back garage?

Tunalc

Morning, I have been renting a flat since May 2019 which I rented with a garage via the letting agent. On Friday 20 November, the landlord said he wants the garage back to store his stuff. At the moment I am using the garage to store 2 motorbikes. I also have a chest of drawers from my friend and my push bicycle and other bits and pieces. I have therefore said I can't give him the garage because I'm using it and he said he can take it back because it's not in writing that I rented it with the garage. I asked the agent and they said the flat comes with the garage and we need to come to an agreement if the landlord is to use the garage. I don't have the original advert for the property but when I viewed in Feb/March 2009, I viewed with the garage which was empty and got the keys and I have used it since. I offered an alternative to the landlord saying if he would reduce my rent so I can find storage elsewhere for my belongings and he said no. I also offered that he could store some of his stuff in the loft since I don't use it and he/contractor refused. What rights do I have here? I am am so distraught by it all and the landlord came with his contractor who was very confrontational and made me uncomfortable saying the agent "just collects rent" the landlord makes the final decision. I wonder if I have any rights here at all or should I brace myself for eviction because I won't do what he wants? Further information - The tenancy agreement is one of those standard AST and now on rolling and just says in the definitions "The Property includes all, or any part of the dwelling-houses, gardens, paths, driveways, fences, boundaries or other outbuildings which form part of the let." In my time here since May 2009, I have paid rent on time and keep the flat neat and tidy as I would my own home and the for the garage so there haven't been many issues other than the landlord taking his time with repairs or opting for the cheapest option which has led to more repairs needed to fix the original issues but that's part of renting I guess so I digress...

Any help/advice you can give would be very much appreciated. 

[Deleted User]

I would suggest a heavy motorbike lock to secure the garage, and a Ring camera pointed at the door.   He can't get use of the garage without evicting you, and he has no chance of evicting you any time soon.    However it does seem your relationship with him is in trouble!    But some people just need standing up to.   Once you've shown you can't be pushed around, hopefully he'll find another garage somewhere else and your relationship with him will return to normal.

princeofpounds

Of course he can't just take the garage back. Your contract will identify an address. You have rented everything in the title to that address. Unless the garage is a separate title, you have full rights to it. It's unlikely to be so, but you can always check on the land registry for a couple of quid if you want to by downloading the title plan. I wouldn't be too worried about that unless the garage is on a different site.

However, the contract does also specify the use of all outbuildings etc., and you were handed keys to the garage, and shown the garage as part of the marketing, so even if the garage were on a different title you still have full rights to it. The fact that it was the agent that agreed all of this is not your problem - the agent acts as a full representative of the landlord and for legal purposes was/is the landlord in this respect. The landlord does make 'final' decisions, but that doesn't mean he can unilaterally unwind decisions that have already been made and written into a contract by his appointed representative.

If the landlord wants something different, then their legal options are a) negotiate with you or b) end your tenancy at the earliest possible point. Which is probably the end of the fixed term in a technical sense, but under the Covid rules for giving notice and delays in the court system, probably means 6-12 months.

Practically speaking, yes, secure and monitor the garage, record all communication in case they escalate to harrassment, refuse in writing noting that the garage was let to you in your contract (repeat the address, the language above and the title plan if you do download it), and do not offer to store his stuff (you will be responsible for it!!!). IF he wants to negotiate sensibly, then ok, take it on its merits.

Agree it is quite possible that once he realises he can't browbeat you into conceding he may just drop it. Many landlords and agents think tenants will not stand up for themselves because, well, they often don't.

Tunalc

Thank you both so much. I had a tearful weekend and started to doubt myself - probably heightened emotions because of lockdown etc. I appreciate you taking the time to respond

Were_Doomed

Is the garage within the boundaries of the property, or one in a separate location (e.g. a suite of garages for a number of properties)?

greatcrested

I agree.

And be careful about making any offers eg use of the attic - it's a slippery slope!

I recomment 3 actions (2 already mentioned)

1) Change lock on garage

2) camera or other security measures

3) formal letter to the landlord, with a copy to the agent. By 'formal' I mean yes, royal mail, sent with proof of posting (not 'signed for') to the address provided to you (usually on your contract) "for serving notices on the landlord in accordance with the Landlord and Tenant Act 1987  section 48..

This address may be c/o the agent (or his mum...) but that's where you send it addressed to him by name. You also send a copy to the agent.

Polite, but clear.

Dear Mr LL,

With respect to your request to make use of the garage that comes with my tenancy dated xx/xx/2009 of the above property , I regret that I make use of the garage and am therefore unable to agree to your request.

The garage forms part of the property which I rent, and has been used by me since the tenancy commenced over 10 years ago. Additionally I refer you to the tenancy agreement (copy enclosed) which states "The Property includes all, or any part of the dwelling-houses, gardens, paths, driveways, fences, boundaries or other outbuildings which form part of the let."

I appreciate that this is not what you wished to hear, but regret that I would not be willing to part with the garage either on a voluntary basis, nor on a rent-back basis.

[unless of course you wanted to rent it back to the LL in return for an agreed amount!].

Yours sincerely,

586329

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of course, depending on the type of tenancy (fixed term Vs periodic) the LL could start poceedings for eviction. But a S21 (1st step) would require a 6 month expiry date,followed by a lengthy wait for a court date...

Tunalc

Were_Doomed said:

Is the garage within the boundaries of the property, or one in a separate location (e.g. a suite of garages for a number of properties)?

It's a block of 9 flats with the garages at the back of the building. All located on the same enclosed piece of land. 

Were_Doomed

Tunalc said:

Were_Doomed said:

Is the garage within the boundaries of the property, or one in a separate location (e.g. a suite of garages for a number of properties)?

It's a block of 9 flats with the garages at the back of the building. All located on the same enclosed piece of land. 

Thanks - I don't know if that changes anyone's previous advice? (If the garage is in a separate - shared-ownership - block then technically it isn't "other outbuildings which form part of the let" unless it is specifically demised on the tenancy agreement).

Stubod

..absolutely appalling behaviour by the LL. Follow the good advice above and hold fast. it is not in his interest to lose a good tenant, particularly in the present climate.

princeofpounds

Were_Doomed said:

Tunalc said:

Were_Doomed said:

Is the garage within the boundaries of the property, or one in a separate location (e.g. a suite of garages for a number of properties)?

It's a block of 9 flats with the garages at the back of the building. All located on the same enclosed piece of land. 

Thanks - I don't know if that changes anyone's previous advice? (If the garage is in a separate - shared-ownership - block then technically it isn't "other outbuildings which form part of the let" unless it is specifically demised on the tenancy agreement).

In that case, it would be a good idea for the OP to check the title after all. It's quite likely that it is mentioned in the deeds and/or the plan. Download the plan first, if it's not on there, try the deeds as it may just be a verbal reference.

I think any court would interpret being a) told there was garage in the let and most importantly b) being given the keys to the garage at the start of the let as meaning that the garage was demised in the let, even if on a separate title. The intention is very clear. The sentence you highlight actually reinforces that intention.

greatcrested

Given the keys and used for 10 years without question?

The garage is part of the let.