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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7618
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have a quarterly tenancy of a garage which includes the right

Customer Question

I have a quarterly tenancy of a garage which includes the right to assign subject to landlords consent. The landlord has refused consent on the grounds he wants the property for his own occupation in the future and,in the meantime, has a waiting list of potential tenants which he feels should be allowed to occupy the premises rather than the new owner of our home. He has also hinted that if I challenge his decision he will just serve notice to quit and terminate the tenancy. Can he do all this? Is there anything I can do to persuade him to change his mind?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Is the landlord's consent to the assignment stated to be subject to the qualification of acting reasonably?

Is there a break clause?

When does the fixed term expire?

Kind regards
Tom
Customer: replied 3 years ago.
Thanks for you response. The assignment does not include the wording to act reasonably. Both parties have the right to terminate the tenancy on giving the other 2 weeks notice. There is no fixed term expiry date
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply and patience.

If the tenancy is a periodic one and the landlord's consent is subject to them acting reasonably then there is not much that you are going to be able to do.

The landlord has an absolute discretion as to who the garage can be assigned to without the qualification of acting resaonably, so can refuse any assignment for any reason he likes and you would not be able to challenge it.

If the tenancy is periodic then it also gives him (well, both of you) flexibility in that if there are any problems then he can simply serve the notice to quit and evict you unfortunately.

I am sorry periodic tenancies are good in that they give you flexibility and expose you to only very small personal liability but they do not afford any substantive rights with regard to these types of issues.

Kind regards,

Tom
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Customer: replied 3 years ago.

Thanks Thomas


What if the landlord was going to be breaking a planning condition, if he terminated the lease (or refused consent to an assignment thus forcing us to terminate the lease when we move home), would that make any difference? The garages were originally constructed by the former owner, at the request of the local planning authority, to alleviate on street parking issues on the road adjacent to the site. The consent shows the garages are to be let to adjacent residents.

Expert:  Thomas replied 3 years ago.
Hi,

It would not make a difference to their discretion as to who the garage could be assigned to I'm afraid.

Tom
Customer: replied 3 years ago.

Thanks Thomas


Last and final question on this. I thought the Landlord & Tenant Act 1988 adds an implied covenant to leases which states that landlords consent to assignments cannot be unreasonably withheld. Could this not be used? The landlord already has two empty garages which he could let to those on the waiting list and still grant an assignment on the garage we use.

Expert:  Thomas replied 3 years ago.
Hi,

I don't believe that it is applicable to garages I'm afraid.

I would not be particularly confident of challenging it on grounds of reasonableness if there is a pre-existing waiting list either..

Tom
Customer: replied 3 years ago.

OK Thanks.

Expert:  Thomas replied 3 years ago.
No problem