Evicting tenant once garage letting expired

  • Filter
  • Time
  • Show
Clear All
new posts

    Evicting tenant once garage letting expired

    My garage tenant’s fixed term contract ran out in April 2008 and he has not paid rent since March. Since April I have repeatedly asked him by email and phone to remove his things, but he won’t move his stuff out, won’t pay rent, and threatens legal action if I move or sell it.

    I have sent a Notice to Quit to his last known address & taped a copy to the garage door, and also a letter giving formal notice under the Torts (interference with goods) Act 1977 that I intend to sell his goods if he doesn’t remove them within 28 days.

    I understand that as a garage tenant, he has no security of tenure. Does this mean that after the 28 days I can empty out the garage ? Or must I take further legal steps if he doesn’t remove his things by the deadline ?

    I don’t imagine the stuff is worth selling but would like to ask a charity to come and take what they want – would that be permissible ?

    Thanks for your advice !

    I would just get rid! Keep receipts if you have to pay to have the stuff moved or details of what you make (and how you offset it against what he owes!) if you do get anything for it. I believe that provided the right notice is served (which I assume it now has been - did you keep cert of posting or send registered?) then there is nothing to worry about. In my experience 9/10 times the stuff goes. The 1 out of 10 - I gain useless stuff ... such is life
    Unshackled by the chains of idle vanity, A modest manatee, that's me


      Originally posted by tiptop View Post
      I understand that as a garage tenant, he has no security of tenure.
      Is it just a lock-up garage for private vehicle parking, unassociated with business use?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).


      Latest Activity


      • Reply to Help with understanding a Land Registry document regarding Adverse Possession
        by wfd_property
        Sorry. I was just meaning it as a general comment....
        31-05-2020, 16:02 PM
      • Help with understanding a Land Registry document regarding Adverse Possession
        by EB1
        My solicitors have forwarded on a land registry document called Application Enquiry. In the Application Progress box it says:

        Requisition issued on (date)
        Warning of Cancellation issued on (date)
        Requisition issued on (date)
        Notice issued on (date)
        14-05-2020, 14:05 PM
      • punishment for not registering a property?
        by sublimagic

        complicated question but I cant seem to find a answer online anywhere, I know its a crime not to register a property with the land registry when it changes hands but does anyone know what the penalty or consequences are? the changeover would have happened in 2000 but is still un registered...
        04-03-2014, 20:08 PM
      • Reply to punishment for not registering a property?
        by PDML

        re. paragraph 2. "The second is where the land is registered ................... ".
        Time limit etc .
        Does this apply to both Freehold and Leasehold land ?.

        Thank you....
        31-05-2020, 15:25 PM
      • Reply to Field problem
        by Lawcruncher
        As a general proposition that is correct. However, what we have here is a situation where at the start the owner A gave permission to X and the current position is that the owner is B and the occupier Y. The question therefore arises whether the original permission lapsed on the first change (whether...
        31-05-2020, 10:30 AM
      • Field problem
        by U01lsn
        We have a semi rural house which is part of a Hamlet once all owned by my wife’s Nanna and Grandad.
        My wife had used part of this land for 25 years (Her brother had it for 15 years previous to her) to house her animals with a verbal agreement that she could use it until she gave up keeping...
        29-05-2020, 12:23 PM
      • Charges & restrictions against the freehold
        by feebs77
        I am considering purchasing a short lease ground floor flat that forms 1 of 2 flats within a 2 storey edwardian property.

        There are a number of issues with the flat and am considering whether it's even worth getting a solicitor on board - as I noticed a number of issues with the lease and...
        25-05-2020, 14:22 PM
      • Reply to Charges & restrictions against the freehold
        by Gordon999
        What is a short lease ? If the lease started at 99 years term from 1987 and fallen 33 years to 66 years remaining term ?

        The freehold title was purchased with a mortgage and the lender has registered a charge on the property at Land Registry and the restriction applies to the freeholder....
        31-05-2020, 09:17 AM
      • Reply to Field problem
        by royw
        I don't think there's anything you can do if you can't negotiate. The value lost from their house will be put onto yours if you bought it so the figures might stack up even if it appears you're paying too much for it. Think very carefully before you refuse to remove your livestock, it's very easy for...
        31-05-2020, 08:29 AM
      • Deposit Forfeit
        by Goatrote
        Hello all,

        A sale that looked dead because of the virus might be going head. We are in the middle of three-property chain.

        I would like to know our legal position should we exchange and then our buyers' mortage falls through before completion.

        Do we both have to...
        28-05-2020, 16:59 PM