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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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HiIm a leaseholder and live in a small block of 8 flats

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I’m a leaseholder and live in a small block of 8 flats with garages in a separate compound.

I have rented my garage on a monthly basis with 1 months notice to end rental. Charge is £60 per month and an initial £60 deposit.

The renter has been renting continuously since 24/3/13 and has always paid on time. I have always issued him with a receipt for each monthly payment. The rent due 23/3/14 was not paid. I tried to contact the renter on his mobile several times but only receive ‘it has not been possible to connect your call’ message. I have also emailed him politely informing him the rent was overdue and asking him to attend to it soonest, but received no reply. I sent a registered letter to his home address. According to Royal Mail tracking info they tried to deliver the letter on 1/4/14 but were unable to. The letter was returned to me on 24/4/14 someone had written ‘moved’ on the envelope.

I received a phone call from the renters wife on 6/4/14 informing me her husband had had an accident in Poland (they’re Polish) but I would definitely be paid in 2 weeks which would have been Easter Sunday 20/4/14. That wasn’t forthcoming and I’ve heard nothing to date.

He is now 2 months behind with the rent.

My focus is on removing his ‘stuff’, he told me it was household furniture, and getting my garage back.

What is the process for this and when am I legally able to remove his padlocks and dispose of the contents?

Below is the contract we both signed and we each have a copy. I copied the contract online from a company that rents out garages. I did make one addition to the contract namely item number 4. Sadly I’m unable to include the whole of the contract as I’m only permitted to use a certain number of characters in my question.

Many thanks XXXXX

This Agreement is made and entered into on the Date specified above between the “Owner” and the “Renter”.

1. The Owner hereby Leases to the Renter the garage located at the premises described above for the following term:

Fixed Term

Rental Start Date Rental Finish date

Or Monthly

Rental Start Date:

Termination Notice Required: 1 Calendar Month

2. Renter agrees to pay the stipulated rent in advance of the 1st day of the rental start date and each month thereafter to the Owner or his agent by mail or in person at their respective address as noted above.
Rental Terms: £60 per month
Deposit: £60
3. Upon receiving any payment of garage rent in cash, the Owner agrees to
issue a receipt if requested stating the name of the Renter, the amount of rent
paid, the designation of the garage and the period for which said rent is paid.
4. The Renter agrees that failure to pay the full rental amount within 14 days of the due date then the Owner will dispose of the contents of the garage and the Renter will be liable for all disposal costs.
5. The Owner is not responsible for any vehicle or any items left in a vehicle
parked in the designated space.
6. The Owner covenants that the leased premises are clean and dry and that
there exists no violation of any applicable building code, law or regulation.
7. The Renter agrees to use the premises exclusively for parking or the storage of personal property, merchandise, supplies or other material owned by Renter and for no other use.
8. The Renter agrees to keep the immediate premises in good order and to
advise the Owner or his agent of any needed maintenance or repairs.
9. The Renter shall not keep or have in or on the leased premises any article or thing which might be pronounced hazardous or ʺextra hazardousʺ by any
responsible insurance company.
10. The Renter agrees not to commit a nuisance in or upon said premises so as to substantially interfere with the comfort or safety of occupants of adjacent
11. The Owner is not responsible for any loss or damage due to fire, theft,
water, wind, hurricane or any cause whatsoever to the property of the
Renter, nor is the Owner required to carry any insurance to cover same.
12. The Renter, at his own expense, shall obtain his own insurance, if any, to the property stored in said premises.
13. The Renter shall not sublease said premises without the written consent of the Owner.
14. The Renter may not make any alterations to the premises without the written consent of the Owner.
15. The Renter agrees that the deposit may be used by the Owner at the
termination of this lease for the cost of repairs, if any, to the premises caused
by the intentional or negligent acts of Renter.
16. The Owner agrees to return said security deposit to Renter upon Renters
vacating the premises in a clean condition subject to the terms and conditions
set forth herein.
17. The Owner shall have the right to enter said premises at any time to inspect same, to make repairs or to enforce this lease.
18. The Renter agrees that this lease shall be subject and subordinate to any
mortgage or mortgages now on said premises, or which Owner o

This is a mere licence and does not give the renter any statutory rights to protection from eviction as the garage is not a dwelling but a mere store.

On the basis of clause no. 4 you are permitted to get into the garage, secure it with your own lock and dispose off the renters belongings. You should keep accurate records of whatever is stored inside the garage and how much you dispose off the items for.

You may then set this money off from what is owing to you and to set off the costs of disposal.

I would suggest that you send another letter to the renter notifying them of the action you are taking so that they know you are acting in good faith.

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