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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10720
Experience:  I have been practising for 30 years.
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I own a block of 6 single garages. They are just set back of

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Hi I own a block of 6 single garages. They are just set back of a main road. One of my customers has started parking other cars outside the one he rents and another, he’s selling cars privately. Now I’m re ring him a garage not parking space and don’t want the cars outside the garages in case of fire or damage. What can I do to stop him, he’s refusing to move them & feels he’s doing me a favour as sometimes I get break ins and they can’t if his cars there
Thank you
Suzanne

He makes a valid point about the break-ins but the fact remains that if you don’t want them there, then is not entitled to have them there. That is the end of it. You are of course entitled to charge him rent in respect of the area in front of the garages if you own it although if you don’t, it has to be kept clear for those who do require access.

If he is selling cars privately, he may think he is selling them privately but in actual fact he’s not doing it whereby he sells his own car per annum and in spite of what he says, he’s actually a trader and he needs planning permission therefore it’s a matter to refer to the Planning Department at the local authority.

If you own the land and you don’t want him parking on it you are entitled to apply to court for an injunction to stop him parking and you can ask the court to award costs against him.

If it is not your land but it stops access and you have that right of access, you can apply to court to prevent him parking on the land and blocking your access and you can ask the court to award costs against him.

You may find that a solicitors letter threatening court application and an application for legal costs may focus his mind that he can’t do this.

If he ignores it, and you cannot meeting with a blunt instrument until he stops and your only remedy is to take him to court.

If he is more trouble than he’s worth, you can always terminate his lease/licence on the garaged depending on the terms under which it is rented to him. The threat of that may focus his mind along with the letter from a local solicitor.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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Customer: replied 3 months ago.
Hi thank you for that & that helps me a lot, so you would not do a letter, I’d have to go elsewhere.
I do believe a threat of court may just make him think about it differently.
Thanks
Suzanne