Restrictive covenant on garage

Boxworld

Hi All. Any advice greatly welcomed.

I have a 4 bed house with a garage. We are a lessee of the garage as it is under a coach house (the lessor). After years of using the garage for household items (as the garage will only fit a tiny car), the lessor has told all 3 lessees to clear out their garages due as we are breaching a clause in the lease that voids the lessors insurance. So we are told we cannot keep anything else except a motor car inside - which nobody has ever done due to the size of the garage. So no bikes or motorbikes, no household items however safe. The clause pointed to is as follows: “not to use the property or permit the same to be used otherwise than as a private dwelling in the occupation of one family and/or as a garage for the garaging of a private motor car”. The "property" in the lease refers to the garage. 

However the lessor uses their garage for storage and maintains they can. But the lease also has a clause under "Covenants by Lessor with Lessee" that basically says at all times to comply with the covenants in (the the same schedule which the clause above is quoted to us) as though the property were the lessors freehold estate in the block to the extent that it is not subject to a lease of a ground floor maisonette or garage assuming that reference to "the lessor" is to "the lessee" and visa versa.

We have seen the lessor insurance policy and there are no restrictions or penalties on it for lessee contents. In fact it implies they expect lessee contents by confirming they don't cover them - as expected.

The threat is for legal proceedings and forfeiture of the our 999 year lease.

Anyone have any advice ?

Thanks

Slithery

Remove your stuff from the garage and only use it for a vehicle?

ciderboy2009

What is the wording on your lease for the garage?

Section62

Slithery said:

Remove your stuff from the garage and only use it for garaging a vehicle private motor car?

(Not disagreeing with you, just highlighting the wording used is very restrictive)

Ditzy_Mitzy

We seem to be getting confused between restrictive covenants, which apply to freeholders, and lease terms, which apply to lessees.  The OP does not own the garage; a lease exists which allows him to use the garage in accordance with the specific clauses of that agreement.  One of the clauses states that the garage is to be used only for the 'garaging of a private motor car', which means exactly what it says it does.  The garage is not to be used for general storage or anything else that takes the lessee's fancy.  The OP will need to remove the goods from the garage and either keep a car in it or leave it empty.  

One wouldn't, as the owner of a leasehold flat with an allocated outdoor parking space, expect to be able to use said parking space for the storage of household goods.  The same principal applies here, in that the existence of the brick shell housing said parking space is irrelevant.  

getmore4less

if you can't use it for the car you use then get another one(scrap rescue and SORN) that will fit but is cavernous once all the seats are out.

Store the stuff in the car.

dimbo61

Yes Citroen picasso which has quick release seats or a Van which is 1" narrower than the width of the garage.
Push it in and fill with your stuff.
Put blinds, black plastic bags over the windows and No one can tell you off.

theoretica

The lease is quoted as "a private dwelling in the occupation of one family and/or as a garage for the garaging of a private motor car".  A question seems to be what the precise meaning of the first half is - does it cover using the space as auxiliary to the main private dwelling (ie storage). 

Also, of course, the freeholder can't just cancel the lease - but would need to persuade a court not just to order the motorbike to move out but to cancel the lease.

Section62

theoretica said:

The lease is quoted as "a private dwelling in the occupation of one family and/or as a garage for the garaging of a private motor car".  A question seems to be what the precise meaning of the first half is - does it cover using the space as auxiliary to the main private dwelling (ie storage). 

Also, of course, the freeholder can't just cancel the lease - but would need to persuade a court not just to order the motorbike to move out but to cancel the lease.

There might be an argument there if the house and garage were together under one lease, but the OP suggests the lease is for the garage only.  Would be useful if that could be confirmed.

"and/or" is often a clumsy inclusion in legal documents... best avoided if possible.

HampshireH

Boxworld said:

Hi All. Any advice greatly welcomed.

I have a 4 bed house with a garage. We are a lessee of the garage as it is under a coach house (the lessor). After years of using the garage for household items (as the garage will only fit a tiny car), the lessor has told all 3 lessees to clear out their garages due as we are breaching a clause in the lease that voids the lessors insurance. So we are told we cannot keep anything else except a motor car inside - which nobody has ever done due to the size of the garage. So no bikes or motorbikes, no household items however safe. The clause pointed to is as follows: “not to use the property or permit the same to be used otherwise than as a private dwelling in the occupation of one family and/or as a garage for the garaging of a private motor car”. The "property" in the lease refers to the garage. 

However the lessor uses their garage for storage and maintains they can. But the lease also has a clause under "Covenants by Lessor with Lessee" that basically says at all times to comply with the covenants in (the the same schedule which the clause above is quoted to us) as though the property were the lessors freehold estate in the block to the extent that it is not subject to a lease of a ground floor maisonette or garage assuming that reference to "the lessor" is to "the lessee" and visa versa.

We have seen the lessor insurance policy and there are no restrictions or penalties on it for lessee contents. In fact it implies they expect lessee contents by confirming they don't cover them - as expected.

The threat is for legal proceedings and forfeiture of the our 999 year lease.

Anyone have any advice ?

Thanks

As the freeholder. They probably can - any restrictions on your lease are completely seperate to their freehold.

Boxworld

Section62 said:

theoretica said:

The lease is quoted as "a private dwelling in the occupation of one family and/or as a garage for the garaging of a private motor car".  A question seems to be what the precise meaning of the first half is - does it cover using the space as auxiliary to the main private dwelling (ie storage). 

Also, of course, the freeholder can't just cancel the lease - but would need to persuade a court not just to order the motorbike to move out but to cancel the lease.

There might be an argument there if the house and garage were together under one lease, but the OP suggests the lease is for the garage only.  Would be useful if that could be confirmed.

"and/or" is often a clumsy inclusion in legal documents... best avoided if possible.

Yes the house is freehold and the garage leasehold. A "motor car" is very restrictive. That would mean no car cleaning products or screen wash. Legal advice we have had suggests this was just the developers vague wording to get planning permission.

As no one in the development uses their garages for a car because they are too small, and because the lessors also do the same as us, and because all the lessors have adequate insurance that allows contents, then why would a court agree?