New Let Garage not included

Scottish_Princess

Could I please ask for advice.  My daughter and her partner have signed a let for a property with a garage.  After signing the let and getting the keys she rang the Estate Agents and said the key for the garage is missing.  The Agent said "Are you sure, I'll check and get back to you".  She rang back to be told the Garage isn't included.  On closer inspection, it clearly states on the contract it IS INCLUDED.  Also, when we checked, the amount for the Council Tax is for Band C but minus £20.
They are currently getting the run around from the Agents being passed from one person to the next with promises of call backs which never come.  They took the keys back today, which they wouldn't accept and wouldn't even let them over the door?  What should their next move be please?  TIA

AdrianC

I presume the garage is either integral to the property or on the property's exclusive plot? Or is it away from the property in a block with other garages?

If it's integral or part of the plot, then the agent is mistaken.
If it's en-bloc elsewhere, then it's a greyer area. Was the property advertised as having the garage?

If the key has gone AWOL, then ask the agent to either provide one or arrange a locksmith to replace the lock at the landlord's cost. (My money's on the garage being full of the landlord's junk that they think they have a right to store there...)

What do you mean by the council tax? Are they paying CT to the landlord or agent? They shouldn't be. They should be setting up their own CT account with the council and paying it direct.

No, this is not grounds to end the tenancy early, if that's what you mean by them taking the keys back...

Grumpy_chap

Is the garage integral to the property or en-block?
If the garage is integral it should be included.
If the garage is en-block, it may be excluded.
Irrespective, the contract says included, it should be included.
If they took the keys back, where are they living now?

Scottish_Princess

AdrianC said:

I presume the garage is either integral to the property or on the property's exclusive plot? Or is it away from the property in a block with other garages?

If it's integral or part of the plot, then the agent is mistaken.
If it's en-bloc elsewhere, then it's a greyer area. Was the property advertised as having the garage?

If the key has gone AWOL, then ask the agent to either provide one or arrange a locksmith to replace the lock at the landlord's cost. (My money's on the garage being full of the landlord's junk that they think they have a right to store there...)

What do you mean by the council tax? Are they paying CT to the landlord or agent? They shouldn't be. They should be setting up their own CT account with the council and paying it direct.

No, this is not grounds to end the tenancy early, if that's what you mean by them taking the keys back...

Thank you for the reply.  Yes it is full of the Landlords junk and its part of the house and not away from it.  He never agreed to renting the garage out, but my daughter was never told at any stage the garage wasn't included, even though the Agent heard them talking about it when looking around.  Also she didn't know herself until she looked into it later.  As for the Council Tax, they must have come to some arrangement with Reeds Rains to deduct £20 a month and just slipped it into the contract.  It was only when we checked the banding that we noticed the deduction

Scottish_Princess

Grumpy_chap said:

Is the garage integral to the property or en-block?
If the garage is integral it should be included.
If the garage is en-block, it may be excluded.
Irrespective, the contract says included, it should be included.
If they took the keys back, where are they living now?

Hi.  Thanks for that.  When we got the keys, we noticed there is moss growing inside the window frames and damp which has been painted over., not to mention other problems such as a constantly leaking tap which they are aware of, but never dealt with, and feel also the house at present is uninhabitable.  My daughter is expecting a second baby in a few months time and has been living with us for some time now so is staying put at the moment, but we are just going round in circles.  Basically they have clicked it up and just keep passing the buck

Grumpy_chap

Has your daughter got an AST contract?
If so, she is responsible for paying CT to the LA.  Not a fee to pay to the Agent / LL.
How does your daughter know the garage is full of anything if she does not have the key to it?

AdrianC

Grumpy_chap said:

How does your daughter know the garage is full of anything if she does not have the key to it?

Garages often have windows.

Scottish_Princess

Grumpy_chap said:

Has your daughter got an AST contract?
If so, she is responsible for paying CT to the LA.  Not a fee to pay to the Agent / LL.
How does your daughter know the garage is full of anything if she does not have the key to it?
Hi.  What's an AST Contract.  It just states in the contract that the council tax is x amount, which is - £20 under Band C, but Reeds Rains haven't told them how to pay this.  We'll have to contact the LA and ask, but the Garage was an essential part of the reason they signed for the house.  I don't know how they can legally do nothing.  They just want their money back as the LL is never going to let them have the Garage, and it's not his fault we are in this mess.  It's Reeds Rains fault for not mentioning the Garage wasn't included and then adding it to the contract

Scottish_Princess

AdrianC said:

Grumpy_chap said:

How does your daughter know the garage is full of anything if she does not have the key to it?

Garages often have windows.
My daughter asked where the key for the Garage was after getting a set from the Agents, and even she didn't know.  That's when we found out it wasn't included as its full of the LL's stuff

Grumpy_chap

AST = assured short hold tenancy

Morrigan_2020

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth.