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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I am a tenant and have been renting a lockup garage in North

Customer Question

I am a tenant and have been renting a lockup garage in North London for the past 4 years or so. I set a standing order and have been paying consistently. I leave very far away from the garage and I check my bank statements every month to make sure payments are being taken off my account every months. Last week I rent a van and acquired some stuffs to store in the garage. I travel all the way there only to find that the garage has been sealed and my access code changed. This costed me a lot of money and wastage and I am still stranded with the items I bought to store in my garage. I contacted the landlord who says the rent was increased more than 1 year ago and I was notified several time by post. The increase has now resulted in an accumulation of debts and has led them to sealing up my garage. They have my email address and telephone number and they never attempted to reach me using these alternative medium. I have suspended my "standing Order" as I cannot continue paying for a service that is not available to me. I need compensation with the damage and stress caused to me and most importantly, I need to gain access to the storage and retrieve my valuable items.


 


1-How do I go about this?


2-Do I have sufficient ground to fight for this case?


3-The landlord company is called Lockupgarages.co.uk(Dulrich Holding Limited, a managing Agents/Holdres Company). Who is the governing body under which they belongs to?


4-How do I know who is they accountant?


5-who else can put presure on them?


6- How do I escalate this matter if after writing to the Managing Director I do not receive any answer? where do I go? are the financial unboursman qualified to resolve such matter?


7-Refer me to a list of sollicitors (in corydon, or south london preferably) where I can physically contact for assistance on this (if need be)


 

Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What type of agreement do you have?
Customer: replied 3 years ago.

thanks I have a standard rental agreement with them. a copy of the agreement is avalable at:


 


http://www.lockupgarages.co.uk/rental_agreement.php


 


Let me know if you need further information

Expert:  UK-Justice replied 3 years ago.
Were you notified by post?
Customer: replied 3 years ago.


I think so. Although I do not recall very well now and do not even know where i kept a copy.

Expert:  UK-Justice replied 3 years ago.
1-How do I go about this?

If you were to bring proceedings you could do this online at: www.moneyclaim.gov.uk - you would have to pay a fee but this would be added to the claim.

2-Do I have sufficient ground to fight for this case?

If they served the notice then no. The agreement states they can give you notice to increase the rent. If you did not comply and they sent the notice, your chances of winning are less than 50%.

3-The landlord company is called Lockupgarages.co.uk(Dulrich Holding Limited, a managing Agents/Holdres Company). Who is the governing body under which they belongs to?

You sue the Company Dudrich Holdings Ltd.

4-How do I know who is they accountant?

You sue the Company as above as that is who your agreement is with.

5-who else can put presure on them?

You can't you have a licence not a lease agreement. As such your rights are very very limited. As licencee you have little or no protection.

6- How do I escalate this matter if after writing to the Managing Director I do not receive any answer? where do I go? are the financial unboursman qualified to resolve such matter?

By issuing a claim which I have indicated what you can do above.

7-Refer me to a list of sollicitors (in corydon, or south london preferably) where I can physically contact for assistance on this (if need be)

This would be a small claim so you wouldnt need a Solicitor.

If you do instruct a Solicitor then you would be unable to recover costs as a small claim.

I hope this helps.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Many thanks for your responses.


To be honest, I have not read any of their notification regarding the increase. I will need to check with them whether the address they have in their record is my correct address or not.


 


I have moved house twince since I entered the tenancy agreement with them. Each time I did notify them by means of email of my change of address.


 


From your responses, do you think the fact that they never attempted to contact me by an alternative means (e.g. telephone call, email,) is not sufficient ground for me to proof that they didnt make sufficient effort to contact me?


 


From your experience and the way you see things. Do you advice me to give up and pay the money they are claiming?


 


What about the money I engaged to rent a Van and the time and effort I wasted travelling to the garage only to find that it has been sealed?


 


I will appreciate your responses on the above and your final advice as to what you think I can do.


 

Expert:  UK-Justice replied 3 years ago.
The problem is this.

The agreement says you must notify of any change of address by recorded delivery. But if they responded and confirmed receipt then you would be ok.

I can not say whether they tried to contact you - you have to ask them for evidence.

It is not a requirement of the licence to call you - it states they can do this in writing. Nothing beyond that.

I would ask for the evidence and check the dates when you told them you were moving and if they replied.

But otherwise I am sorry to say yes, you will have to pay up.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


thanks. after moving, I did call them on the phone to notify and somebody advice me to send an email.


 


That is why I send the email. In my previous address (after the first move) I use to receive their invoice every quarter. It means that the notification by email was effective although you rightly mentioned that this is not in their contract.

Expert:  UK-Justice replied 3 years ago.
Its only effective if they acknowledge receipt..............

I am sorry.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks...


excellent.

Expert:  UK-Justice replied 3 years ago.
Welcome.

Please remember to give my answer a good rating - thanks.
Customer: replied 3 years ago.

 


Now that I have cancelled the standing order that was setup on my account to pay for this rent. I did this because the garage is sealed thus I am not using the service and can therefore not pay for a service I am not using.


 


Until this incident has been settled, am still responsible for the rent?


 


Will the accumulated rent amount from now on be charged to me?


 


Last time I visited the garage was 6 months ago and I cannot tell when the garage was sealed but was I know is that they have been continuously collecting the rent from my account.


 


Is it not a breach to seal my garage but to continue collecting the rent? (remember that the accumulated debt originates from the increase in the rent amount which I did not know.)

Expert:  UK-Justice replied 3 years ago.
Until you formally terminate yes you are responsible for the rent.

However while you have stopped paying for non access you can argue you should not pay for something which you dont have access.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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