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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33037
Experience:  Over 20 years experience
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I am a landlord of a property and have served notice on

Customer Question

Hi, I am a landlord of a property and have served notice on my tenants due to being homeless myself, their tenancy agreement expired after notice was served and I did not renew due to needing the property back. I have 2 sheds in the back garden and need to store something, 1 is locked with my things in as in the tenancy agreement, the other is not mentioned in the tenancy agreement at all. Do I have the right to use my second shed for storage? Also the property is unfurnished with no white goods in the agreement however I did leave white goods in but stressed that these belonged to me and would not be replaced and we're not in the agreement, do I have the rightto remove these?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years ago.
when you state that these things are not in the agreement are they being used by the tenants
Customer: replied 2 years ago.
Yes
Expert:  Thomas Judge replied 2 years ago.
Despite the fact that you have not mentioned the shed or the white goods in the tenancy agreement I rather think that you would be criticised and considered to be in breach of contract if you tried to use/remove these items. The fact is that they have been using them and would consider them to be part of the agreement - despite not being formally written down - the fact is that by using them they can argue reliance - the other fear is that remove could potentially be considered an illegal attempt to remove the tenants from the property under the protection from eviction act. Happy to discuss. Please rate positively - thanks
Customer: replied 2 years ago.
Do I have the right to use my sheds? 1 Is mentioned in the tenancy and nothing about the other
Expert:  Thomas Judge replied 2 years ago.
Usually the same rules would apply to the shed as set out above - but you could speak to them and state that they should not be using the shed as it is not included in the lease (I would not push the point for the reasons set out). Happy to discuss. Please remember to rate positively - thanks
Customer: replied 2 years ago.
The tenancy agreement says unfurnished would that make a difference?
Expert:  Thomas Judge replied 2 years ago.
I am afraid not - because you have let them use the white goods and left them in the property and they have been using them. If you try to remove them now you will be in breach. Happy to discuss. Please remember to rate positively - thanks
Customer: replied 2 years ago.
Ok thank you, ***** ***** concern is bring able to use the shed, there are 2 and 1 is definitely on the agreement as mine with my things in, the other is not mentioned however I have asked to use a space in it (it's rather large) and they decline. Their notice runs out in 4 weeks how long does a court order take to get them out as I am homeless and staying with friends with my 14 yr old son
Expert:  Thomas Judge replied 2 years ago.
Happy to answer additional questions but can you please rate positively first for the answer to the original question - will obv not charge extra
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Customer: replied 2 years ago.
I have left feedback can you answer the additional question now please?
Expert:  Thomas Judge replied 2 years ago.
I would speak to them about being able to use the shed - tell them that it was not included and you need to use it. If you need to take them to court using the accelerated process then they can be removed within about 2 months if they don't leave on their own accord.
Customer: replied 2 years ago.
Is that after their notice period?
Expert:  Thomas Judge replied 2 years ago.
Yes - for court proceedings