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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 9075
Experience:  Solicitor
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I've rented a garage from my local council but swapped with

Customer Question

I've rented a garage from my local council but swapped with another tennant so we had gareges closer to our property's I rang council they said shouldn't do that but they'll sort a new tennancy ( which was never done and I have no proof of conversation 18 yrs ago ) the tennant I swapped with moved last August. So in Feb council forced entry into garage that I was using , but in other tennants name on opening they found 2 motorcycles and a garage full of my tools I use to and still use for buliding . They then removed ( cherry picked stole most of my tools and other things ) . Once this had been done they decided to inform housing officer there's good stuff inside garage. So housing officer got the police to trace the reg of my motor bikes. Once he found out who owed the motor bikes knocked on my door to let me know what was going on ( didn't inform me that council staff had grinded my hasp of and chiseled frame work of garage to force enrty neither did he tell me that coucil staff had removed my belongings some which eere brand new allegedly taken to local skips which I do not beleive ) . Since this as happened and I'd put in a claim for £950 of my belongings they contacted me to say due to my name not being the legal tenannt they will not be reimbursing me my removed belongings. Hope you can help .
Regards ***** *****
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 7 months ago.

Who was paying the rent on garage?

Customer: replied 7 months ago.
I was paying for garage 23 on tennancy but swapped with neighbour for garage 10 which was the garage with my belongings in hence why they forced entry into garage 10 . Oh forgot to put when they removed my belongings instead of emptying garage from front to back as you'd expect them to they removed a cement mixer 2 motorcycles to get to my new stuff at back of garage put cement mixer and motorbikes back in . If they were empting a vacated garage youd think common sense youd remove stuff from the front to the back.
Expert:  Jamie-Law replied 7 months ago.

Ok - so how was paying rent for the swapped garage?

Customer: replied 7 months ago.
Paying for garage by direct debit
Expert:  Jamie-Law replied 7 months ago.

Ok - the garage which you now have. Who pays for that?
You or the person you swapped with?

Customer: replied 7 months ago.
At the pesent time no one as guy apparently finished his tennancy in August 2017 .
Expert:  Jamie-Law replied 7 months ago.

Who was paying it?

Customer: replied 7 months ago.
I'm paying for garage 23 by tennacy but as stated I'm using garage 10
Expert:  Jamie-Law replied 7 months ago.

Yes, I realise that. So the other tenant was paying the garage you are using. Is that correct?

Customer: replied 7 months ago.
Garage 10 is on council computer system up for re rent as guy terminated his tenncy
Customer: replied 7 months ago.
Un there system yes that is correct
Expert:  Jamie-Law replied 7 months ago.

May I ask why you never got the swap in writing?

Customer: replied 7 months ago.
I did phone what was Herefordshire council they informed me yoi can't do that but are willing to sort new tennacy which was never fourth coming
Expert:  Jamie-Law replied 7 months ago.

Did you chase it? If not, why not?

Customer: replied 7 months ago.
I just forgot all about it when didn't get anything back in writing from the council
Expert:  Jamie-Law replied 7 months ago.

What is it you want to achieve?

Customer: replied 7 months ago.
I'd like to be reimbursed for my belongings
Expert:  Jamie-Law replied 7 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 7 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.