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Advice needed: Can Landlord take back garage?

24

Comments

  • Given the keys and used for 10 years without question?
    The garage is part of the let.
    This. 
  • nyermen
    nyermen Posts: 1,145 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Is it 10 years or one year?  I see reference to 2019 and 2009.  
    Regardless, did the original advert mention the garage?  Then its surely part of the tenancy (I had a bicycle cupboard in my last tenancy, not in the official documents but on the advert).  
    Peter

    Debt free - finally finished paying off £20k + Interest.
  • RAS
    RAS Posts: 36,284 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's not clear from the OP's first post if they moved in in May 2009 or 2019
    If you've have not made a mistake, you've made nothing
  • nyermen
    nyermen Posts: 1,145 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 23 November 2020 at 1:33PM
    Tunalc said:

    Morning, I have been renting a flat since May 2019 

    ...

     In my time here since May 2009


    Can we confirm one year or 10?  Not that it should make any difference imo, if it was advertised with a garage then unless the tenancy agreement said "not including the garage"...
    Peter

    Debt free - finally finished paying off £20k + Interest.
  • Tunalc
    Tunalc Posts: 14 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    edited 23 November 2020 at 1:55PM
    nyermen said:
    Tunalc said:

    Morning, I have been renting a flat since May 2019 

    ...

     In my time here since May 2009


    Can we confirm one year or 10?  Not that it should make any difference imo, if it was advertised with a garage then unless the tenancy agreement said "not including the garage"...
    10 years. I moved in May 2009 and the garage was in the advert so viewed it together with the flat. Don't have the advert anymore but agent said flat comes with garage
  • Niv
    Niv Posts: 2,582 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Tunalc said:
    nyermen said:
    Tunalc said:

    Morning, I have been renting a flat since May 2019 

    ...

     In my time here since May 2009


    Can we confirm one year or 10?  Not that it should make any difference imo, if it was advertised with a garage then unless the tenancy agreement said "not including the garage"...
    10 years. I moved in May 2009 and the garage was in the advert so viewed it together with the flat. Don't have the advert anymore but agent said flat comes with garage
    So you have had exclusive use of it for 10 years and was given the key to it when you started renting it? I cant really see how anyone can argue that this is not part of the property you are renting tbh.
    YNWA

    Target: Mortgage free by 58.
  • Tunalc
    Tunalc Posts: 14 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    edited 23 November 2020 at 2:29PM
    Niv said:
    Tunalc said:
    nyermen said:
    Tunalc said:

    Morning, I have been renting a flat since May 2019 

    ...

     In my time here since May 2009


    Can we confirm one year or 10?  Not that it should make any difference imo, if it was advertised with a garage then unless the tenancy agreement said "not including the garage"...
    10 years. I moved in May 2009 and the garage was in the advert so viewed it together with the flat. Don't have the advert anymore but agent said flat comes with garage
    So you have had exclusive use of it for 10 years and was given the key to it when you started renting it? I cant really see how anyone can argue that this is not part of the property you are renting tbh.
    I did, yes. Up until last week when he said he wants to use it now. I think the LL might have got the wrong advice from the contractor because the LL didn't talk much at all. We had a good relationship until the contractor got involved. I'll leave them to it and see what they'll come back with. I don't think the contractor expected me to push back so we'll see. 
  • Just to reinforce your position, I presume the garage was included in the inventory when you moved in.  Is that the case?
  • Tunalc
    Tunalc Posts: 14 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    I don't have the inventory but when we moved in we went through the property and the garage with the agent and were handed the keys and that was it. 
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