Objection to letting a garage

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    Objection to letting a garage

    I own a flat in a block that I rent out to a doctor.

    I've been renting the flat's garage separately for the past two years to a builder who uses it to store work tools and equipment.

    Another lease holder in the building has complained about this and is asking that the garage not be let to the builder.

    His grounds for requesting this are a the following clause in the lease:

    "Use or permit the use of the Demised Premises for any illegal purpose or carry on any trade or business thereon nor take in any boarders or lodgers but shall use the same for the purpose of a single private residence only".

    My questions are:

    1) Does storing items there constitute 'carry on any trade or business'
    2) Does renting the garage and flat separately contravene 'single private residence'

    It seems like I'm going to have to ask the builder to vacate which is a shame because he's never missed a payment and is a good tenant from my perspective.

    Any advice or opinions are welcomed.

    #2
    There is probably also a clause not to sub-let any part, but even without that, I would agree that you are breaching the lease.

    Comment


      #3
      I think it depends to some extent on what the builder is doing.

      Depending on the arrangement I suppose it could be more akin to taking in a lodger, than chopping the flat in half and letting out one half.

      If the builder is actually using it as a building zone and is entering daily to access bits and bobs, I think they are right to object. If he is using it for some long term equipment storage and coming by once every two months, or if you were receiving money in exchange for allowing a third party to park there I think it is far less likely to be a problem.

      Presumably the builder is actually doing something that is causing a problem.

      It is pretty hard to prevent a single little old lady from taking in a friend who shares bills and expenses (and it would cause far less nuisance than the barking dog breach), and probably unreasonable too.

      Comment


        #4
        Is the separate garage part of the demised Property?

        Comment


          #5
          Originally posted by mariner View Post
          Is the separate garage part of the demised Property?
          Yes it is.....

          Comment


            #6
            I would agree that the clause does you no favours and you are in breach. If i were a resident who's flat happened to be sited above your garage (i know some blocks have flat not situated close to the actual owner) then i would be miffed if at times of the day and evening a builder is accessing it and maybe even doing work inside ????

            Comment


              #7
              Originally posted by steve-123 View Post

              Yes it is.....
              Interesting.
              When I had a flat and garage there were separate deeds for each.

              Comment


                #8
                Originally posted by MdeB View Post
                Interesting.
                When I had a flat and garage there were separate deeds for each.
                If there are fewer garages than flats and the maintenance of the garages can easily be separated from the maintenance of the residential parts it makes sense to have separate leases.

                Comment

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