Renting Garage Privately - Landlord issues

BonJonBovi

Hi all I am after some advice please

I have been renting a garage privately since October 2024. Rent has been paid every month 

I've recently moved out of town but continue to rent the garage as there is some personal possessions I have there as well as rubbish which I need to remove appropriately when I have the time.

My landlord has been ringing today asking me to vacate immediately. She has entered the garage several times and is complaining about the rubbish etc

Does she have a legal right to access the garage? There is no written agreement, I have proof of the amount agreed and deposit agreed on WhatsApp messages. So no fixed tenancy was signed.

What are my rights here? Can I contact the police to say she is accessing illegally?

BonJonBovi

I have just received a message that she is getting the council to empty it out? My next rent due date is on the 8th of Feb. Really stressing here as I am too far away to be even better able to go down myself 

lincroft1710

Why would the council empty it?

PRAISETHESUN

Not 100% sure of the legalities of them entering, especially without any evidence to document the exact terms of your arrangement. But at the very least I'd reply back stating that you do not consent to them touching/moving/destroying your belongings and that you will hold them liable for any damage if they are moved or disposed of.

theartfullodger

Classic example of why any tenancy should be written covering all usual aspects.

As it's a garage tenancy it is not, cannot be, an AST.

In your shoes I'd get out of the arrangement as quickly as possible with as little damage to my property (inventory??) as possible.

In the opinion of many, own goal...

Tucosalamanca

So three months? How long are you planning to stay for, what was discussed with the landlord?

Rightly or wrongly, expecting your 'landlord' to be aware of legalities and tenancies is a big ask.

It sounds like an informal agreement, you might well have rights but how would you enforce them?
The Police will have absolutely no interest, things get stolen from garages and sheds on a daily basis.
They have more urgent matters to attend to.

Easiest option would be relocate to another premises, perhaps somewhere like Safestore?
You would have security, a written agreement and be paying a business who understands their responsibilities.

You can stress about it, but it's clear they want you gone.

They've taken the trouble to contact you, a more unscrupulous person might have cleared the garage, not told you and continued collecting rent each month until you eventually found out.
At that point you'd really be at a loss (and still unable to do anything).

silvercar

The most you could expect is reasonable notice, which for a garage I would expect to be 7-14 days. 

AskAsk

this isn't a criminal matter so the police won't get involved.  it is a civil matter.

you can tell her that you do not consent to having your stuff thrown out and that you will sue for any damages.  however, are you telling the whole story?  has she asked you to remove your stuff for a while but you have not done so and so she is resorting to getting the council involved?

is it a health hazard that you have hoarded in the garage?  what exactly have you got in there?  if it is considered to be a health hazard and dangerous then the council will remove it and bill you.

why do i get the feeling there is more to this story than you are letting on?

FlorayG

You don't have any sort of 'tenancy' that's only for dwellings. Your agreement is informal and I would suspect you have no rights at all. I suggest you ask the garage owner ( who is NOT a landlord) if they will give you a week and then get yourself sorted and get everything moved

anselld

FlorayG said:

You don't have any sort of 'tenancy' that's only for dwellings. Your agreement is informal and I would suspect you have no rights at all. I suggest you ask the garage owner ( who is NOT a landlord) if they will give you a week and then get yourself sorted and get everything moved

The terms tenant, landlord, tenancy can equally apply to various non-residential agreements.  AST is a specific form of residential tenancy but the other terms are more widely used (shops, garages, fields, etc, etc).

daveyjp

Most garages are let on basic licences, but without any paperwork it is down to how awkward you want to be.

You could accept it and move stuff out, or you could throw a spanner in the works and tell her that as rent has been paid regularly you have a secured periodic tenancy under the Landlord and Tenanct Act 1954 Part II.  This  does concern business tenancies, but would she know that?

It isn't without pitfalls as it may go legal to argue whether you do occupy under that act, but it does put you in a stronger negotiating position.