Remote/Keys to Open Electrified Gate To The Garage Not Handed Over Upon Completion

laura_lau

Hi everyone, I hope someone can help! 
I completed on Monday, purchasing a flat with a share of freehold. The flat comes with a private garage, which is situated next to the building, and the entrance is barred by an electrified gate. The day of completion the agent handed me the keys and said the other keys were inside the property. When I got there there was a bag full of keys, with some keys called "garage". No remote/fob to open the electrified gate. I went to the gate anyway, thinking that maybe there was a way of opening it with keys (as that's my past experience of electrified gates, they always had a keyhole to use if your remote was broken or out of battery), but no keyholes where anywhere to be found, nowhere on the gate or near the gate.
I immediately checked with the agent, asking if maybe the remote/fob had mistakenly been left behind. He checked with the seller and she replied she never had a remote as she never used the garage. I know for certain she rented it out to someone who lived in another flat of the building (but don't know which flat), so that guy must have had the fob, but didn't hand it over.
The seller said I should contact the property manager, which I did, since I didn't want to be overly problematic. It's been now 5 days and the property manager hasn't replied. So yesterday I involved my solicitor, since in my opinion this is a problem on the completion, since she didn't hand over all the keys, and because of that I still can't access a portion of my property, the garage.
Today her solicitor replied, and she said the exact same thing that she said to the agent. I've already written 3 emails to this property manager guy, and he hasn't bothered to reply. I really don't think I should have been put in this situation, as the fact she didn't have these keys shouldn't impact me, and she should have taken care of getting all the keys together to give to me, because I'm not able to access part of my property now. On top of this I've asked her if she could contact the property manager herself, since he knows her and he might answer to her, whereas he doesn't know me (not that this is an excuse for him to ignore me, but he doesn't know me yet, so really in my email I could say to be anyone).
I replied to my solicitor that this problem must be solved, but have no idea how that will be. Did anyone have any similar experiences? Any suggestions on what should I do? I really don't know!

UnderOffer

Is it worth checking with a neighbour how they access the garage area, so you know what you are asking for. Then can you find out who she rented the parking space to? Phone the EA with this exact question and ask them to contact the seller to get details, you can then ask that particular neighbour where the fob is. 

Your title plan definitely included the parking space? 

TBagpuss

Since you think she rented it out , it might be worth asking her to confirm this and to request the fob from her tenant.
Have you met any of the neighbours - can any of them suggest other ways to get hold of the property manager? It sounds as though a phone call might get faster results. 

Is the block managed by a large organization or is is run by other homeowners (in which case a delay of less than a week is more understandable, but also going and knocking on his door might get a quicker response) 

laura_lau

UnderOffer said:

Is it worth checking with a neighbour how they access the garage area, so you know what you are asking for. Then can you find out who she rented the parking space to? Phone the EA with this exact question and ask them to contact the seller to get details, you can then ask that particular neighbour where the fob is. 

Your title plan definitely included the parking space? 

Yes, it definitely includes it, it's a single garage, and I believe I have the keys to open the garage door, but don't have access to it, as I don't have the keys/fob for the gate!
I haven't moved in yet, so far I've only been able to go there in the evening because of work, and I felt weird to bother neighbours even before moving in so late in the day. I'll be there tomorrow, hopefully I see someone around the stairs, or better, around the gate, even if this will not solve my issue if the property manager doesn't reply to me. Am I wrong in thinking that the seller should have provided me with the remote? She's supposed to give all the keys so that I can have access to all areas.

laura_lau

TBagpuss said:

Since you think she rented it out , it might be worth asking her to confirm this and to request the fob from her tenant.
Have you met any of the neighbours - can any of them suggest other ways to get hold of the property manager? It sounds as though a phone call might get faster results. 

Is the block managed by a large organization or is is run by other homeowners (in which case a delay of less than a week is more understandable, but also going and knocking on his door might get a quicker response) 

I know she rented it out because the agent told me when I asked to see the garage (she didn't show it to me when I viewed the first time). She actually rented it out pretty much until exchange. That agent unfortunately left, and the agent who helped me to complete has never been to the property because he entered the process only close to completion.
The management company is actually an association of the homeowners, because that's how they purchased the freehold a few years ago. I haven't been handed over a shares certificate yet, which is why I don't have the details of who manages it.
Do you know how long does it take for that to happen?
The person who manages it is one of the homeowners, so I was told by the agent. I'm trying to find out in which flat he lives, although I would keep that as last resort. I need permits to do some works in the flat in the next few months, and I didn't want to get hated by the people who will have to grant them, or have them think I'm "difficult"...

letsbetfair

If it's a communal electric entrance, maybe the guy she rented it to only has his own fob to open it (and she genuinely has lost hers)? That's not an excuse for her not to include the fob, of course.

Do you have a phone number for the building manager? Maybe your email is going into spam or something. It's an annoying problem, but I'd guess it's one of these things that'll be sorted out for a small cost in a week or two (once they've ordered and given you a spare fob). Letting your solicitor makes sense, but if this gets to the point of needing legal action something has gone badly wrong!

laura_lau

letsbetfair said:

If it's a communal electric entrance, maybe the guy she rented it to only has his own fob to open it (and she genuinely has lost hers)? That's not an excuse for her not to include the fob, of course.

Do you have a phone number for the building manager? Maybe your email is going into spam or something. It's an annoying problem, but I'd guess it's one of these things that'll be sorted out for a small cost in a week or two (once they've ordered and given you a spare fob). Letting your solicitor makes sense, but if this gets to the point of needing legal action something has gone badly wrong!

That's exactly what I think! I've asked if the seller can kindly try and contact the man herself, since she knows him and I don't and he clearly is ignoring me. Waiting to see what they say. I really don't understand why people can't do things properly.. I would never even consider selling a property without handing over all keys, even if I lost some of them, I would do all I could to sort it out, to avoid problems. Which is why I really struggle to see why I have to run around like a headless chicken now, considering that the seller didn't fully honor the contract.

anselld

Most of these electric gates will work with a generic fob you can get on ebay for under £5.   If it is communal, get one you can clone from a neighbour.  If it is individual look up the manufacturer/model on the opening gear and search for a compatible one.

laura_lau

anselld said:

Most of these electric gates will work with a generic fob you can get on ebay for under £5.   If it is communal, get one you can clone from a neighbour.  If it is individual look up the manufacturer/model on the opening gear and search for a compatible one.

Thanks, I was wondering about that, if I could just get one and make it work. I couldn't find anywhere the name of the manufacturer on the gate the other day, I'll check again tomorrow. 

GDB2222

Can I just check something. This is one big garage, which people have spaces in? Or, it's a single garage, specifically for your flat?

If it's a single garage, she *must* have given the fob to the neighbour.

If it's a communal garage, talk to a couple of the neighbours. Maybe one can help you by showing you their fob/letting you inside to check the opening gear?

Jeepers_Creepers

Laura, near the gate should be the receiver box which is what does the actual controlling. See if there's a make on it. Or look at whatever moves the gate - it'll either be 'rams' fitted above ground which are attached to the gate pillars, or there will be a lever link coming out of a box in the ground at the hinges end - again, see if there's a make on there.

I don't know if the other garage owners will be concerned that there's seemingly a spare fob floating around  - are there any obvious security issues with this? If so, one solution - could be a bit awkward if there are lots of entitled fob owners - is that you all reprogram your fobs (and you your new one) to a different code at the same time; the unrecovered 'spare' one will then no longer work with the gate