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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mum has been renting her garage, there is no contract

Resolved Question:

hello my mum has been renting her garage , there is no contract just a verbal agreement between them, he has not paid since march , he ignores her calls . The garage is full of his stuff , my mum has put a letter through his letterbox stating that she no longer wants to rent her garage to him and is giving him a month to clear the goods .
When the month is up can she clear the garage ?
Submitted: 27 days ago.
Category: Law
Expert:  Joshua replied 27 days ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I confirm for the avoidance of any doubt (I have little doubt based on what you say already) that he runs no business from the garage and obviously does not live there?

Customer: replied 27 days ago.
he does not live there or run a buisiness
Customer: replied 27 days ago.
are you there
Expert:  Joshua replied 27 days ago.

Thanks. Yes I am - I am just typing a response...

Customer: replied 27 days ago.
ok
Expert:  Joshua replied 27 days ago.

On the basis you describe this will be what is called a common law tenancy and can be terminated by was of a notice to quit which is just a notice giving him notice of the same length as a rent period. e.g. if he pays rent (I appreciate he has not being paying of late) monthly then the notice period would be one month and so on.

Once the notice has expired because he is neither lving there nor running a business from the garage your mother does not need a court order and can reenter the garage and change the locks. In respect of his things, she will become an "involuntary bailee" of the goods under the torts intererence intereference with goods act. She must give him three months notice to collect the goods failng which she will be entitled to sell the goods and apply the funds to offset the rent she is owed. Until this time your mother is responsible for looking after his goods.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 27 days ago.
his months notice is up on the 24th so does she send another letter stating the goods will be cleared in 2 moths as she has already given a month and should the letter go recorded delivery
Expert:  Joshua replied 27 days ago.

Unfortunatley the three months starts from the point she takes possession of the goods on entering the garage I'm sorry to say. I appreciate that will be frustrating as no doubt your mother will be keen to clear the garage. She can of course ask that he pays his rent if he wishes to collect the goods and if not she can sell them if they have any value after three months to recoup some of what she is owed.

Expert:  Joshua replied 27 days ago.

First class post is sufficient - there is no need to post by recorded delivery.

Has the above answered your questions satisfactorily?

Customer: replied 27 days ago.
what would happen if the letter was sent recorded and it came back saying they could not deliver for some reason ie he may have moved address
Expert:  Joshua replied 27 days ago.

If you are sending recorded it is always wise to also send another copy be normal post and keep proof of posting. This is deemed to be served. Recorded delivery is not required - if you use it, it should be used as an optional extra in addition to normal post not instead for the reason you refer to.

Is there anything above I can clarify for you?

Customer: replied 27 days ago.
if we send another letter giving 3 months notice and he still has not cleared it after that period we can legally dispose of the goods even if he at a later date says he never received the letters
Expert:  Joshua replied 27 days ago.

Exactly so - providing you keep a proof of posting of the first class letter sending the notice that is deemed sufficient evidence of servie for the Act.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer: replied 27 days ago.
Ok thank you for your time will do what you have said
Expert:  Joshua replied 27 days ago.

A pleasure. If I can help with anything else please do come back to me.

If you have no further questions for now I should be very grateful if you would kindly take a moment to click a rating to rate my service to you today. I am very grateful to receive any feedback.

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