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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice.
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After the issue of a notice to quite on a garage from a housing

Customer Question

After the issue of a notice to quite on a garage from a housing association am are still liable for the rent from the date of the notice as I have no access to the garage ?
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.

Can you explain your situation a little more please including why you no longer have access to the garage?
Customer: replied 2 years ago.

There are two parts to this matter.


In the first instance the Landlord, Raven Houseing Trust issues a notice to quit on my garage, and changed the locks. When I went to the garage as per the time given before the notice would take effect lets say 14 days I found the locks had already been changed.


 


1. Notice was issues on the wrong Garage.


2. Locks were changed before the period stated in the notice expired.


3. goods went missing from the garage as witnessed by the Garage Manager.


 


I decided to remove the goods from the garage and gave raven notice via their Garage Manager by email. He did not reply for several weeks.


 


Locks changed on the garage and Raven want to bill till date of return of keys.


 


There has been no access to garage since Lock Change.


 


Who is responsible for rent after lock change as I have no access.


 

Expert:  Remus2004 replied 2 years ago.
Thank you.

There are two possible scenarios. The first one is that it is a domestic garage and the second one is that it is commercial.

It is domestic:

You are certainly not responsible for the rent after the locks were changed and when items were removed.

However you are responsible for the period between when the notice expired or the locks were changed whichever is the earlier. It does appear that the locks were changed early.

The garage owner/landlord has to return your contents to you and if as a result of their actions things have gone missing, provided you can prove that, they are responsible for the costs thereof.

It appears that you also have a cause of action against the landlord for changing the locks before the notice expired and if for some strange reason the landlord decides to pursue you for rent after they change the locks you have a counterclaim for the changing of the locks before the notice expired.

If this is a commercial lease the landlord usually does not have to give notice if the rent is in arrears by two weeks and he can simply lock you out. You then remain liable for rent until the end of the term (even though you have no access) or until the landlord gets a new tenant.

In both cases, it is possible if you all the landlord money for him to hold onto your contents under the Torts Interference with Goods Act and hold a lien on the goods in respect of rent that you will. If he gives you notice under the Act he can actually sell the goods within a reasonable period of time in order to pay outstanding money.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks. Just to get this absolutely clear. Lets say I am in areas for a domestic garage and the landlord issues a notice and changes the locks. At which point does my duty to pay the rent on that garage cease. ?


 


As above so unless I can prove contents removed I cannot claim ? This is secondary. I was thinking if they already broke the legal rules by access who is the burden on ? The goods in question did not have invoices in the boxes so to get this would be near impossible. DO I just simply loose the goods ?

Expert:  Remus2004 replied 2 years ago.
Is this a stand-alone garage or is it part of the overall house?
Customer: replied 2 years ago.

Its a stand-alone garage

Expert:  Remus2004 replied 2 years ago.
Thank you.

The rule is that if you are in rent arrears and the landlord has taken the property back, you are responsible for the rent until the end of the term or until the landlord gets another tenant.

For a garage that is usually going to be no more than one month.

If the landlord however has simply given you notice to quit then you are not liable for rent once he has removed access
Customer: replied 2 years ago.

..........If the landlord however has simply given you notice to quit then you are not liable for rent once he has removed access......is there a case or something I can read to understand this better ? I am looking at how this argument can be shown to be the law ?

Expert:  Remus2004 replied 2 years ago.

I'm afraid that I'm not going to be able to look at case law. This service doesn't include research.

This is a contractual issue where the landlord has removed the benefit of something and therefore you cannot have the burden of paying for it.

In its simplest terms it is the well worn legal doctrine of "mutual benefit and burden".

As I already said, the situation is different if the landlord has taken possession of the garage because there were arrears of rent
Customer: replied 2 years ago.

I am now a bit confused. If there are rent arrears on the garage then the tenant that has been locked out is liable until the landlord gets another tenant, which is one month ? Sorry to bother you but this is the last issue that outstanding. This applies to domestic garages that are not part of a dwelling. I assume that means that are not rented as part of a dwelling....

Expert:  Remus2004 replied 2 years ago.
Let me ask you a couple more questions please because I am trying to cover lots of different scenarios as I don't have the full facts.

It is a stand-alone garage not related to any property.

1. What is the length of the term of the tenancy agreement for the garage?

2. How long did it have left to go?

3. How much rent arrears were there if any.

4. If no rent arrears, why was notice given?
Customer: replied 2 years ago.

Its a stand alone not related to any property


 


tenancy is not defined by date its open/recurring yearly to be terminated with a weeks notice by tenant.


 


I will have to check


 


No arrears


 


Notice was supposedly issued on the wrong garage and acted on a week early.


 


 

Expert:  Remus2004 replied 2 years ago.
Thank you.

That is all I need to know.

If there are no rent arrears, you are not liable for the rent for the period when you no longer had access.

Indeed, if they removed access before the end of the notice period which it appears they did and you had to make alternative arrangements for a garage and it cost you more money you would actually be able to claim those extra costs from the garage a landlord.

Under no circumstances can I see how you could be liable (if there are no rent arrears) for rent once they have locked you out.

Can I clarify anything for you?

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