Restrictive covenant on garage

Boxworld

Update: Judge denied the claim against us (the garage lessees). Judge said the clause in the lease just confirms the garage is of the type to be used for parking a car in, so is confirming it is not a garage for fixing cars in for example. The lessee and lessor garages can all be used for storage of household items owned by the ancillary properties in the usual way any household garage can be used. Also confirmed there IS cross compliance for the lessor who also must abide by the clause so if the claimant had won they would have had to remove all their storage too. Justice works.   

RM_2013

@Boxworld great news and thanks for posting the update. I came across your initial
post a while ago as we are currently buying a 4 bed house with a garage under a coach house exactly same scenario as yours and I’ve actually asked the solicitors to confirm with the vendors solicitors that there isn’t any covenant restricting the use of the garage.  

Pleased that you’ve managed to get this resolved 

TroyStarbuck

https://forums.moneysavingexpert.com/discussion/comment/79591647#Comment_79591647

My First post after joining having seen this story, thanks for letting me join.

Me and three of my neighbours are in exactly the same position right now, with a garage under a coach house.

Fortunately for me my garage contains a motorvehicle namely a motorcycle thats how our 23 year old garage lease is written.

however our landlord is rather unscrupulous and making our neighbours lives hell, bordering on harassment i wondered if you would privately mind sharing the details of the case so we can reference it in an attempt at preventing a costly court case.

for reference one pair of lease holders are elderly pensioner in their 80s, and another is fighting incurable secondary cancer. So anything to help stop the drawn out pointless case would be of a huge advantage.

Thanks Box World, Troy

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81979614#Comment_81979614

Just be aware that the previous post to yours was 3.5 years ago.

Yorkie1

https://forums.moneysavingexpert.com/discussion/comment/81979614#Comment_81979614

It's also likely to be a case / judgment from a lower court, and thus isn't binding on any other court case.

Boxworld

it was the high court actually. However, reading Troy’s post you can see there are clear differences.unfortunatley I doubt my win will help him.