the tenant of my lock-up garage in wembley is living in iit

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    the tenant of my lock-up garage in wembley is living in iit

    I live in N8 and sledom visit my garage in wembley. A tenant of the adjoining flats called me and told me the tenant was living in the garage, She said the council have been to see him and so have a homeless charity. He won't move out, he is emptying his poo down the communal drain. He has made a huge pile of junk : wet matresses, gas cylinders, broken shopping trolleys, blue storage boxes on the forecourt outside. I emailed him a letter to ask him to clean it up. My husband went to the garage and read the letter to him and left him a copy. The letter told him he had 3 weeks to clean up the mess or he'd get a NTQ. The neighbour called me to say the mess is still there. I sent him a NTQ by email. I also sent the NTQ to the police and spoke to the council and contacted St Mungos and Streetlink. The police called me back. They won't help or advise me. They think I should see a solicitor. I think , what notice is a mad person going to take of a solicitor's letter? He thinks it's ok to live in a lock-up garage and make a heap of junk outside on the forecourt!!! the neighbours are complaining at me and expecting me to do something. He has no AST because it's a garage. the tenancy agereement says either of us can terminate the tenancy with 1 month's notice. He has broken the terms of his agreement;
    5.1 You must use the garage as a private garage only and shall not ... use it for any improper, immoral or illegal purposes. You are living in the garage. It is not fit for human habitation. That is improper use.
    7 the tenant agrees to keep the immediate premises in good order....you dumped rubbish in the forecourt. This is not 'keeping the premises in good order'
    9 the tenant agrees not to commit a nuisance in or upon said premises....you dumped rubbish in the forecourt which is committing a nuisance
    Any idea as to what I can do?
    I can't hang around until he goes out and then rush up and change the locks, because I live very far away.
    I asked a baliff to help me but they refused because it would mean making the guy homeless... he's living in the garage.
    I am 5 ft 2 and aged 63 . he is larger and younger so picking him up physically won't work, even if I catch him sleeping .
    Help please?



    #2
    Have you accepted rent from him since you knew he was living there, please?

    What do the terms of the tenancy (the not-for-living-in tenancy) say about landlord giving notice, please?

    Think I would probably inform local council housing dept. Carefully, in writing, pointing out you absolutely have not agreed to this, are worried for his well-being & making it clear you are giving him notice & taking legal advice. (To avoid council having issues with you as landlord).
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      The police are correct. You need to get a solicitor involved. The only way the police would get involved is in keeping the peace during the eviction, or even when you are giving notice.

      Do not touch the person. That would be an assault, and the police could get involved with you as the offender.

      Do contact the council and make very clear that the planning violation is not happening with your connivance. Brent are currently having a big campaign on rogue landlords, and this could be seen to be at the worst end of beds in sheds.

      This is a commercial lease, so I assume security of tenure provisions will not apply, so start .

      Are you sure that you ever had the right to sub-let the garage? Most leases for flats have a clause forbidding sub-letting any part, in which case a garage associated with the flat must be let with the flat. I know this is often flouted by landlords trying to maximise their income.

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        #4
        You should also pre-emptively contact the freeholder and offer to cover their legal costs in dealing with the trespass to the communal drains, and, presumably communal, forecourt, as you risk forfeiture action by them.

        Also note that Brent expect landlords to inspect their properties at least once every 3 months, although that only applies to residential tenancies.

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          #5
          (Hey, what's the price of a studio flat AST in Wembley: Bet you'd get a lot more than for a garage....)

          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by leaseholder64 View Post
            Also note that Brent expect landlords to inspect their properties at least once every 3 months, although that only applies to residential tenancies.
            There licencing scheme only covers certain parts of Wembley at the moment and we dont know which Ward the OP is in. Good advice though.

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