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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 confirm for the avoidance of any doubt (I have little doubt based on what you say already) that he runs no business from the garage and obviously does not live there?
Thanks. Yes I am - I am just typing a response...
On the basis you describe this will be what is called a common law tenancy and can be terminated by was of a notice to quit which is just a notice giving him notice of the same length as a rent period. e.g. if he pays rent (I appreciate he has not being paying of late) monthly then the notice period would be one month and so on.
Once the notice has expired because he is neither lving there nor running a business from the garage your mother does not need a court order and can reenter the garage and change the locks. In respect of his things, she will become an "involuntary bailee" of the goods under the torts intererence intereference with goods act. She must give him three months notice to collect the goods failng which she will be entitled to sell the goods and apply the funds to offset the rent she is owed. Until this time your mother is responsible for looking after his goods.
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Unfortunatley the three months starts from the point she takes possession of the goods on entering the garage I'm sorry to say. I appreciate that will be frustrating as no doubt your mother will be keen to clear the garage. She can of course ask that he pays his rent if he wishes to collect the goods and if not she can sell them if they have any value after three months to recoup some of what she is owed.
First class post is sufficient - there is no need to post by recorded delivery.
Has the above answered your questions satisfactorily?
If you are sending recorded it is always wise to also send another copy be normal post and keep proof of posting. This is deemed to be served. Recorded delivery is not required - if you use it, it should be used as an optional extra in addition to normal post not instead for the reason you refer to.
Is there anything above I can clarify for you?
Exactly so - providing you keep a proof of posting of the first class letter sending the notice that is deemed sufficient evidence of servie for the Act.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
A pleasure. If I can help with anything else please do come back to me.
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