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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice.
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I RENT A UNIT WITH ACESS THROUGH A YARD USED BY THREE OTHER

Customer Question

I RENT A UNIT WITH ACESS THROUGH A YARD USED BY THREE OTHER PEOPLE THE LANDLORD AFTER BEING HERE FOR TWO YEARS IS TRYING TO MAKE ME PAY RENT ON THE YARD I JUST PAY RENT NO LEASE OR WRITTEN AGREEMENT
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

I RENT A UNIT WITH ACESS THROUGH A YARD USED BY THREE OTHER PEOPLE THE LANDLORD AFTER BEING HERE FOR TWO YEARS IS TRYING TO MAKE ME PAY RENT ON THE YARD I JUST PAY RENT NO LEASE OR WRITTEN AGREEMENT IS HE ABLE TO JUST DECICED HE CAN CHARGE ME FOR USING THE YARD MANY THANKS

Expert:  Remus2004 replied 2 years ago.
Thanks.

You have a tenancy at will basically because there is nothing formal. You could argue that if you have exclusive possession of your unit then you have a lease and so are entitled to the protection afford by a lease but it would be an expensive argument to raise.

Proceeding on the basis that this is a tenancy at will, the landlord is able to give you reasonable notice which is probably only one month. Unfortunately you will not have a claim against the landlord for any improvements that you have made. You leave those improvements behind I'm afraid.

If you are using the yard for anything other than access he is entitled to charge you rent in proportion to your use with any others and you are entitled to either pay the rent or not to use the yard.

If you only use it for access, and there is no other access to your unit, he is not entitled to charge you.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo

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