Rent demand for non-existent garage

DontLikeCouncils

I rented a garage for years to store personal belongings. The owner made me empty it for repairs in December 2022, promising definitely to let me use it after repairs in about a month. Meanwhile, he stored some of my stuff in his own garage, as a favour I thought. 

He required the same amount paid while I waited to use it again. I said clearly that I wanted the whole garage to store much more stuff, and hadn't been renting it for the present things of very low value. He understood that I was paying to retain the garage pending timely repairs.

There was no mention of payment for temporary storage in his garage. 

When asked about repairs he said "it's Christmas", then in January, "difficult to find tradespeople to do the work", April "worse condition than he had thought so would rebuild it", July "rebuilding cost higher than expected and not sure if he'll do it". 

End October 2023, eleven months on, he said he'd sold it. I haven't paid since then and my stuff is still in his own garage. He demands seven months' "unpaid rent" for a third of his garage, in the amount I had paid for a whole one. I paid for nine months to retain the garage he promised to let me use, and then sold. I consider him in breach of our verbal contract. 

There is no written agreement for storage in "his" garage or future use of the first one. I told him repeatedly that I kept the garage on to put more stuff in, not for existing contents, and he understood that. 

He said he was once a builder, had owned five garages by his house, and had rebuilt two. He has the expertise and proximity to easily assess the condition, cost, and do or manage the work. 

He had seemed very pleasant and trustworthy. I don't understand why he took so long over this (I found prices to demolish and rebuild in half an hour). He hasn't actually proved any intention to reinstate the garage. I'm suspicious. 

Has he a case for full, or any rent? Have I a case for recovery of money paid to retain the promised garage which he may/not have intended to provide?

eddddy

I guess your options include...

• (1) Try to negotiate a compromise with the garage owner which you will both accept, or

• (2) Pay the garage owner whatever you think you owe him, and wait to see if he makes a court claim against you for more money. If he does, then argue your case in court.

If you go for option 2, will he hold your stuff in his garage as a ransom?

propertyrental

Are you still paying rent for the original garage during this repair period?

If yes, then charging you for the 2nd garage whilst the first one is out of use is unreasonable.

If no, it seems reasonable to charge for the 2nd garage - you are still getting garage storage space while the repairs are undertaken.

If the 2nd garage has less space and you need to add items which the first garage could accommodate but the 2nd one can't, then you need ot renegotiate or remove your items and stop paying rent.

theartfullodger

Send him a non-existent cheque

sheramber

How has he arrived at 7 months?

BobT36

If he's storing your stuff in one of his garages (doesn't matter if the same), than unless he's ever specifically said that's free, you owe something. 

Work out the amount of space used, convert it to a fraction of the old garage (that you were paying for before), divide the original garage's rent cost by that, and job done. You've paid for what you used. 

Sure you wanted use of a larger one and to store more stuff but that doesn't matter, if you do the above then that will just be an inconvenience.

DontLikeCouncils

Hindsight is wonderful! Anybody who saw the contents would not believe I'd pay nearly £1000 just to store them for several months. It never occurred to me that the owner could possibly think that. They're not worth a month's rent. This was always about keeping the garage to put other stuff in. 

I was ill and had far bigger issues at the time, as he very well knew. Stupidly I trusted him to fix the garage and let me have it in a month or so, as he clearly promised. As he has rebuilt similar garages, I utterly fail to understand how he could take nearly a year to assess the condition and eventually decide that he didn't want to pay to rebuild it. 

I should have put my requirements in writing - that I would pay the same amount purely as a fee to retain tenancy of the garage, that it was definitely not for storage elsewhere, and that it would be refunded in toto if the original garage was not returned to me. That was what I thought I was paying for. It was supposedly just for a month or so. I had no idea it could drag on so long, but now I really wonder if he thought I was mug enough to keep shelling out just to store some things in his garage, at absolutely no cost to him, until I realised I was being had. I'd have abandoned them rather than pay to keep them. There's no evidence that he ever intended to reinstate the garage. 

I'd probably have added that when I had use of that garage again all the fees would be credited against future rent which would be at the same rate. But I was ill and I trusted him. 

I paid up to last August, so it's seven months since then. 

Reading the latest comment - I'm not making this clear enough - I intended paying to retain future use of the first garage. The existing stuff is not worth paying to store, as would be obvious to anybody seeing it. I would never, ever, have agreed to pay just to store that. 

BobT36

I get you, and I'd feel had too. Unfortunately though you agreed to pay for storage, he did give you some storage and you used it.
That you were ill or you wanted to store different things is unfortunately irrelevant. Immoral of him of course, but still irrelevant. 

Like I said, work out the fraction of the original garage used for the stuff you DID store, divide the cost by that, pay it, and then the matter is closed. I doubt he'd be able to get anywhere to demand any more, and certainly not be able to demand you pay the full cost of a garage that you never got to make use of. 

NameUnavailable

I rented a storage locker when I sold my last home, as I was living with friends whilst looking for a new place. In hindsight I could have dumped the lot and bought new for what I paid in storage as we hit Covid in the middle!

The value of your stuff is irrelevant and not having anything in writing makes it hard for you to argue your case. If the stuff is not worth what you're being asked to pay just leave it and let him try to take you to court. Then you can argue the case.

DontLikeCouncils

I paid the amount of the full rent for 9 months when the first garage was not available. The 8th month for which I haven't paid is starting. Can I expect repayment or credit of the proportional overpayment for those 9 months?