New Let Garage not included

Scottish_Princess

Morrigan_2020 said:

Scottish_Princess said:Yes you would think it was straightforward, but no one wants to take responsibility for Reeds Rains error.  We are NOT going to get access to the Garage no matter what we do.  Reeds Rains are not going to instruct the LL to hand over the Garage due to their error.  Ringing CAB on Monday to see how to proceed.  Thanks folk for your responses

Morrigan_2020 said:

Scottish_Princess said:

Morrigan_2020 said:

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. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Thank you for the response, but the Garage is full of the LL stuff and Reeds Rains say we are not allowed to even have a key.  

Reeds Rains are wrong, why are you just rolling over for them?  It seems a bit daft to pay for legal advice on such a straightforward matter. 

ProDave

It is possible to let a property without letting the garage.  We did it because we were storing a load of our stuff in the garage, and it was written into the contract that the garage was not included.

We have since moved our stuff out and the tenaqnt now has the use of the garage.

AdrianC

ProDave said:

It is possible to let a property without letting the garage.  We did it because we were storing a load of our stuff in the garage, and it was written into the contract that the garage was not included.

That doesn't mean that would have been in any way enforceable.

But, in the OP's daughter's case, the contract and advert said it was.

Scottish_Princess

Suseka97 said:

Scottish_Princess said:

........................  She rang back to be told the Garage isn't included.  On closer inspection, it clearly states on the contract it IS INCLUDED. 

So, if its clearly stated as such on the contract - why are you accepting the LA's subsequent position that its never been included and they've never had the key?  Your daughter needs to make it clear she took the tenancy expecting this to be part of the deal and the LL must therefore remove their goods and she insists that the LA deals with it pronto! 

As for the damp issue, again - sorry, but I agree with what has been said by others on this topic.  Oftentimes damp is merely a symptom of poor ventilation and if you crank up the heating and open some windows, it should be okay.  Or, again, raise this with the LA and ask for it to be looked at. 

Thank you.  Yes I agree with the damp aspect
  It's just I feel it needs looking at though.  We aren't accepting the fact that RR have made an error.  She has made it very clear to the Agency that they are not accepting it.  They have passed her onto different people every time she has rung.  The Manager who was the girl who showed her round the house didn't know allegedly that the Garage wasn't included and now won't even take her calls!  She passed her onto someone else, who passed her onto someone else, and are now waiting to speak to someone else again They don't want to inform the LL they have cocked it up.  They put her through to Terminations who agree with my Daughter but say they are powerless to do anything and it must be dealt with at the local office who are an absolute disgrace to date.  The local office lied and said they had not heard from Terminations, even though he had spoken to two people, sent an email and received a reply!

Grumpy_chap

What is declared on the check-in inventory for the stuff in the garage?
If the contract says the garage is included, then a competent check-in clerk would have entered the garage as part of the check-in process and listed every item individually.
How did the OP's daughter get this far without realising there was no key to the garage or the stuff in the garage?
If the stuff is not in the garage (i.e. not listed on the check-in inventory) then the stuff that is not there cannot go missing...

Suseka97

I feel your pain!   Okay, so hopefully the damp concerns will be resolved.  As for the garage - I guess one question is whether she needs the use of it.  If she does, then you need to keep pressure on and maybe when the lockdowns ease - rock up to the office and demand to speak with the manager.  It's so easy to palm people off these days by ignoring the phone and emails.  Alternatively, if she doesn't - is there any scope to negotiate a reduction in the rent?  

Either way, it would appear that its the LA's error (although odd its actually written into the contract) and you need to make it clear that you are not backing down on this.

Morrigan_2020

Scottish_Princess said:

Morrigan_2020 said:

Scottish_Princess said:Yes you would think it was straightforward, but no one wants to take responsibility for Reeds Rains error.  We are NOT going to get access to the Garage no matter what we do.  Reeds Rains are not going to instruct the LL to hand over the Garage due to their error.  Ringing CAB on Monday to see how to proceed.  Thanks folk for your responses

Morrigan_2020 said:

Scottish_Princess said:

Morrigan_2020 said:

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. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Thank you for the response, but the Garage is full of the LL stuff and Reeds Rains say we are not allowed to even have a key.  

Reeds Rains are wrong, why are you just rolling over for them?  It seems a bit daft to pay for legal advice on such a straightforward matter. 

I'm sorry, I can see that you have quoted my post but I can't see any response from you underneath.  Not sure if its a problem on my end but you might want to try again. 

Morrigan_2020

Your daughter doesn't need to feel at all obliged to have anything to do with Reeds Rains if she'd rather not.  The landlord pays them to make his life easier (obviously money down the drain!) but all the legal responsibilities and duties to the tenant still sit entirely with the landlord.  

swingaloo2

As already said your daughter needs to move in and get the place heated/aired. Then if there is an ongoing problem with damp she need to inform the landlord in writing. In the meantime she needs to pay rent on time as she does not have any right to withhold payment just because you feel the place is inhabitable. 
What made her agree to rent the property in the first place if it is as bad as you say?

Scottish_Princess

Grumpy_chap said:

What is declared on the check-in inventory for the stuff in the garage?
If the contract says the garage is included, then a competent check-in clerk would have entered the garage as part of the check-in process and listed every item individually.
How did the OP's daughter get this far without realising there was no key to the garage or the stuff in the garage?
If the stuff is not in the garage (i.e. not listed on the check-in inventory) then the stuff that is not there cannot go missing...

There is NO INVENTORY WHATSOEVER.  We have also complained about this