Garage Rental - Help

HampshireH

user1977 said:

HampshireH said:

I'm struggling to get my head around how a letting agent would get just a random garage on their books (when it isn't available,)

Why? Lots of places where there's a market in garages/parking spaces - agents will handle them.

Yes of course there is but there is a big difference between letting something legitimately and renting out a random garage that they have no authority to do so with.

Part of their due diligence as a letting agent should be to verify ownership.

In any case the OP has indeed confirmed someone else rents the associated flat from the agent

Slinky

With regards the keys, presumably the previous tenant of the flat didn't return keys to the garage, as there weren't any keys for a parking space.

Summercherry

Slinky said:

With regards the keys, presumably the previous tenant of the flat didn't return keys to the garage, as there weren't any keys for a parking space.

There wasn’t any previous tenant of the flat.  The LL purchased the flat in February 2023.  A tenant started renting it out in April 2023. 

According to the agent they then ‘rented out the garage separately as the tenant didn’t need a garage’.  

However, the previous tenant of the garage who only rented it for circa 6 months ‘didn’t return the keys’ so the agent snipped off the lock, and we then started renting it and they gave us the new keys alongside the new lock.

The above is what we have been told by the agent.

That said, there’s even something fishy going on with that as I’ve found the old advert for the renting the flat (of April 2023) and it doesn’t mention that it has a garage…but it does mention it has a car parking space hmmmm….

We raised all this on Tuesday…someone from the agency phoned us back to explain they are investigating….its now Friday and we haven’t heard anything back/further from them so far….

Summercherry

So we’ve now had an update from the agent. 

 They have simply said ‘as you have now moved your items out of the garage we will arrange for your contract to end.  Any goods that you have missing you will need to report to the police, this is not something we would get involved with. 

Could you please let us know if you would like to take another garage and we can arrange that for you.  Once again we are extremely sorry’

Herzlos

I'd respond asking to be made right due to their mistake to the tune of £_____ within 14 days, or you'll be taking them to small claims court.

Don't let them fob you off, because whilst I think the police may be interested in the fraud and theft of the garage, I don't think they'll be able to do anything about your disposed goods.

Summercherry

So after a ‘formal’ complaint sent to the agent (as instructed on the Property Ombudsman website), the agents have concluded it’s nothing to do with them, and that ‘ultimately the complaint and liability is between ourselves and the landlord’……

Herzlos

Who did you sign the contract with? If it was the agent then the complaint and liability is definitely betwen you and the agent.

pinkshoes

Summercherry said:

So after a ‘formal’ complaint sent to the agent (as instructed on the Property Ombudsman website), the agents have concluded it’s nothing to do with them, and that ‘ultimately the complaint and liability is between ourselves and the landlord’……

Technically, the owner of the garage needed to take care of your belongings. I appreciate they apparently put a notice on the garage, but then what happened to your goods after that? Are they saying they just binned your stuff?? I would try and get the owner to put in writing their side as "evidence" against the agent.

I would then go ahead with your court claim against the agent for the value of your stuff. They rented you something that was not theirs to rent out, which resulted in your belongings being taken.

saajan_12

Summercherry said:

So after a ‘formal’ complaint sent to the agent (as instructed on the Property Ombudsman website), the agents have concluded it’s nothing to do with them, and that ‘ultimately the complaint and liability is between ourselves and the landlord’……

Well they have a point about the landlord named on your tenancy, as that's who your contract was with, though that LL may subsequently sue the agent.

One option is you could write again stating that the agent's failure to show you the correct location caused the loss of your items, which is at odds with their conclustion, so you request a deadlock letter. That'll allow you to take it to the Ombudsman. 

Alternative is to write a letter before action to the named LL and the agent JOINTLY. The LL's failure to provide the storage space per the contract without interruption and the agent failed to show you the correct space. Lay out your damages and demand payment within [14] days. If not forthcoming, then file a money claim online for the same. 

m0bov

Definitely lba then jointly MCOL. I doubt the ombudsman will actually have any power to compelling the LL or agent do anything. Also get a crime number, hopefully you already did this. Check legal cover.