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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3665
Experience:  Two years conveyancing experience.
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, I'm hoping you can help. I am a tenant and have an assured

Customer Question

, I'm hoping you can help. I am a tenant and have an assured shorthold tenancy agreement which is through a letting agent. I have been informed by the agent that my landlord wants to remove a single garage that is on the property and is not going to replace it. My question is can the landlord just take away the garage even though we are using it and not replace it if it is clearly stated on the tenancy agreement as being part of the rental agreement? Also she has just increased the rent which seems a bit unfair if she is taking away part of the property that we are paying for?
Many thanks *****
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

, Thank you question and welcome. My name is ***** ***** I will assist you.

Alex J. :

If the garage is part of the leased demise, then by removing it and challenging your exclusive possession of the property he is breaching your lease. You should demand either a reduction in the rent, or sue the landlord of contract.

Alex J. :

The landlord cannot just unilaterally alter the terms of the lease.

Alex J. :

Do you want to terminate the contract? Or do you want a reduced rent?

JACUSTOMER-bxx8fo6w- : thanks reply, I don't want to end the contract as we have lived in this property years, we have children in the local schools etc.
JACUSTOMER-bxx8fo6w- : i am a bit unsure about asking reduction in the rent as it is already quite low, the reason being that when we moved to the property It was in need of a lot of repairs that we carried out ourselves agreed at the time direct with the landlord and he agreed to keep the rent low first five years.
Alex J. :

, Thank you. Have you started by just writing back and saying "you have exclusive possession of the demised premises" and are not prepared to give it up the lease has expired?

Alex J. :

Have you just said no?

JACUSTOMER-bxx8fo6w- : If we ask reduction in rent my worry is that he will say we need to take it to the local land tribunal and then we run the risk of them reevaluating the property and potentially being made to pay even more of an increase?
Alex J. :

*up until the lease has expired.

JACUSTOMER-bxx8fo6w- : no the lease has not expired
Alex J. :

, Thank you. ***** mean is you have to make clear that you have a lease over the demised premises and it is yours to have exclusive possession over until the lease has expires.

Alex J. :

You have the following options:

Alex J. :

1. You do nothing and let the landlord take the garage back:

Alex J. :

2. You dig your heels and say it belongs to you and refuse to give possession back;

Alex J. :

3. You give possession back and ask rent reduction.

Alex J. :

Ultimately it is a decision on how much you want to upset the landlord.

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