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Tenant is Living in Garage

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TR1
TR1 Posts: 22 Forumite
in House buying, renting & selling
Hi All,

I have a garage en-bloc which I have let privately for a number of years. My previous tenant moved out and so subsequently I found a new tenant who needed the garage to store a motor cycle.

Long story short, he didn't pay rent and as per terms of the contract we could take back the garage after 21 days of non-payment. We gave him a couple of weeks extra to either pay/hand the back but nothing. We sent a contractor to change the locks and it's apparent that he was living in the garage. I've tried every which way to get hold of him but no luck for 3 weeks now (after the original notice). So, my question is, does anyone know if I can remove/dispose of the items in the garage?

Note: there is nothing specific in the contract about removal of items.
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  • G_M
    G_M Posts: 51,977 Forumite
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    What are the terms of the contract? As this appears to be a commercial tenancy I am not familiar with the eviction process for arrears.


    The fact that it is "apparent that he was living in the garage" is irrelevant - it is not an AST (I assume!).
  • theartfullodger
    theartfullodger Posts: 14,597 Forumite
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    TR1 wrote: »
    ............ So, my question is, does anyone know if I can remove/dispose of the items in the garage?

    Note: there is nothing specific in the contract about removal of items.


    Then you can't : (Well you CAN but you MAY NOT - a bit like people CAN drive on M4 at 90mph but may not..)


    Change locks. Take LOADS of photos inside & out, ideally date&time stamped. Leave notice explaining he can have his stuff in a manner and time to be agreed: (I'd not let him back in)


    I'd also explain to local council what's been going on - in case someone tries to prosecute you for permitting this.


    What sort of tenancy agreement? If an AST the above is incorrect!
  • TR1
    TR1 Posts: 22 Forumite
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    Thank you for your replies.

    We have a Lease contract in place for the garage with tenant's and landlord's covenants.

    The terms clearly state that the garage can be used only for the storage of belongings/parking and state as mentioned that after 21 days of non-payment the landlord may forfeit the lease
  • theartfullodger
    theartfullodger Posts: 14,597 Forumite
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    edited 10 October 2019 at 4:04PM
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    What address for him did you use to serve notices on him?

    Is there nothing about what happens if tenancy breached?
  • TR1
    TR1 Posts: 22 Forumite
    edited 10 October 2019 at 4:21PM
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    We sent notice via email and to an address he gave at the beginning of the agreement (and is on the agreement).

    There are clauses which set out what can/can't be done in the garage (TT's covenants) but regarding a breach, the only clause is that the LL can forfeit the lease (for arrears or 'significant breach'). There are also clauses that he will owe damages etc. etc., but i'm not worried about that at the moment, just wondered about the issue of him appearing to live there.

    Have taken the above advice and informed council who in turn advised to inform 101, who in turn told me to get back in touch with the council... thanks all.
  • ripplyuk
    ripplyuk Posts: 2,888 Forumite
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    Poor guy though. If he’s living in a garage, he must be really desperate. The council won’t rehouse him. It’s starting to get cold outside too. Could you not let him stay for a while?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Presumably the items in the garage are all his worldly belongings and goods. You have a legal Duty of Care to make them available to him and to let him know how/when/where he can collect them. You have to keep them safe for "a reasonable amount of time" (so months, not days/weeks). You can't sell his stuff to repay the debt.

    Poor sod must be desperate. Get in touch with local homeless charities, find out what they offer, try to help him to get with those people.
  • TR1
    TR1 Posts: 22 Forumite
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    Thanks again.

    Honestly, would be happy to help the guy - but we've been unable to contact him now for over a month. Phone number doesn't connect, emails ignored, not sure he lives at the address we have.

    I suppose best course of action is to email/write again, change the locks and dispose of items if we haven't heard in four weeks. Don't think you can say fairer than that.
  • Retired_Mortgage_Adviser
    Retired_Mortgage_Adviser Posts: 590 Forumite
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    Haha, don't you love them! :)
    TR1 wrote: »
    ....informed council who in turn advised to inform 101, who in turn told me to get back in touch with the council...
  • G_M
    G_M Posts: 51,977 Forumite
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    101 is the police non emergency number. I don't see that this is a police matter.
    Social services or housing.
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