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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We live on the second floor of a block of 6 privately owned

Customer Question

We live on the second floor of a block of 6 privately owned apartments. However,
only 5 garages were ever built to go with the apartments , some 60 years ago, as one
buyer at the time reclined the purchase.
When we bought our apartment ( no 5) from an elderly couple (late 80's) there was no mention of a garage, yet our original deeds showed a garage as part of the residence.
The elderly couple stayed within the block on a lower floor, and had the deeds of the said
garage attached to their newly acquired apartment( no 3) together with the power supply.
The elderly couple had also rented a garage from an independent owner, to accommodate
their 2nd car. The car was no longer required and the rented garage was offered to us.
It was suggested that we paid the rent to the elderly couple, and they in turn continued
to pay the landlord. We did not know the landlord and therefore had little choice and
accepted. This arrangement has gone on for 8 years now, but we have concerns for the
future regarding the unknown landlord and our rights as tennants.
If apartment no.3 were to become vacant, could the garage deeds be transferred back
to no 5
We would very much appreciate your professional views.
Thank you
S.P. Drabble
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify whether the elderly couple still rent the garage in question from the third party to your knowledge or have they acquired the garage and added it to their lease? If you are not sure that is no problem.
Customer: replied 2 years ago.

The garage still Belongs to the same independent owner, and rental is paid direct to him by the now elderly lady.

Expert:  Joshua replied 2 years ago.
thank you. Obviously, funds permitting, the best scenario would be to obtain an assignment of the garage from the third party owner to you so that it can form part of your demise and your lease, however, that third party owner is under no obligation to sell the garage and of course you may not wish to outlay capital on acquisition.if that is not possible you do not wish to explore this, you are correct it is still better it possible to have a direct relationship with the owner of the garage rather than deal with an intermediary for a couple of reasons: firstly it may be that the elderly couple are paying less than they are charging you making a profit and you may be able secure lower rental figure if you deal directly with the owner; secondly there is less opportunity for things to go wrong if there are fewer people involved in the chain. For example if anything were to happen to elderly couple or they just changed their mind this could interupt your rental. if you are dealing directly with the owner, at least there is any one individual involved rather than two sets of people minimising the possibility of disruption. you may already know who owns the garage in question or if you do not, it will be easy enough to find out by obtaining a copy of the title for the garage from the land registry. If you would like further information as to how to do this, please let me know be happy to outline the procedure. in terms of whether the garage would be transferred back to your property if flat 3 were to become vacant, from what you say, the elderly couple retain the garage by transferred out of the title associated with your flat and either created a new title war attached it to the title for their flat. If they were to sell or pass away, in the circumstances the garage would not automatically transfer back to its original title but would remain with the title to their flat which could be sold for example. in order to obtain title to the garage, it would be necessary to negotiate with either the elderly couple or alternatively is something were to happen to them, their executors or attorney. one point you may wish to check is that some residential leases contain a restriction on transferring a garage separately to the flat associated with it. If your leases do contain such a restriction, it may be that the transfer of the garage was in breach of covenant under the lease however if the transfer happened more than 20 years ago even if there is a restriction, this is unlikely to be of assistance at this point as breaches of covenant cannot be enforced if the breach has subsisted more than 20 years. Nevertheless, it may be useful to know whether your lease contains such a restriction as it may prove useful potential in the future. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 2 years ago.
Have I been able to help you with all your questions on the above?
Expert:  Joshua replied 2 years ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you. Your feedback is important to me. If there is anything else I can help with please reply back to me though