garage included in origional lease then wrote out after we signed it.

[aidenb123]

When we 1st started looking for a house it had to be with garage for my classic car. Found a house that came with a garage perfect. Paid for all the fees checks ect and eventually signed a lease to move in.

 

Got the keys and brought my classic car down from old house to put into the garage. Landlord (who lives next door) said she didn't want me using the garage as she didn't want to be liable for anything. Even though house were advertised inc garage. She said i only could use it if i sign a fore fit notice saying that if anything happened garage falling down damage to my car ect then she shouldn't be liable. As we had already given notice and moved put of our old home this put us into a corner and we had to sign as it would have left us with out a home.

 

 

Its now come for the time for us to move after 10 months and im wondering if there's anything i could do? we move out next week. Am i entitled to a re bait as the house wouldn't have been so much in rent with out a garage? the landlord does contact us alot through text asking us to clean the drive gardens ect and is pretty much on our case all the time hence the reason for moving.

 

 

any help would be gratefully appreciated.

 

many thanks

Edited July 15, 2013 by citizenB

[mariner51]

You got the house plus garage at advertised price I can see no breach of advertising rules, just a nervous LL.

You have been happy with both for 10 month now you want a retrospective rebate of £x on vacating?. Nice try.

[aidenb123]

weve not been happy since we had to sign the document stating that the garage was not included. But we had to sign because we had no choice. we always planned on doing somthing after we vacated the property now the time is up on us i wanted to see what options were available. Not trying to make a quick buck or rip anyone off but surely if the garage was that much of a problem in the 1st place it should have been knocked down and not advertised as comes with garage? Why would the landloard be nervous? they've got there money every month no fail.

[raydetinu]

Not much you can do seeing as you signed up to it! That is when you should of negotiated a reduction of say £25/30 month for no garage. It was your choice.

[aidenb123]

thats the thing it wasnt really our choice was it as we had already paid fees ect gave notice to old house and moved out. then when i bring the classic car down i get told i cant use the garage even though the house was advertised with one. What am i ment to do leave a classic car on the street or sign a waiver so i no the car will be under cover and i have a house to live in??

[raydetinu]

If you signed contract and it included the garage then if they change the terms, you are entitled to reduction in rent for lose of garage; but you signed variation after the contract which would negate any claim.

Could you not insure the car for any damage? did you inspect it before signing contract and would it have been suitable?

[aidenb123]

to anyone that can help really.

 

cut a long story short. Moved into a house that were advertised with a garage(needed on for the classic car) Landlord then removes the garage from the lease and says its my own responsibility if i use the garage as its in such dis repair.Made me sign a waver and backed into a corner as weve already signed the lease to sign the house so decided so sign the waver and put the car in there. The garage has asbestos roof pannels all leak and faulty door.

 

came to leave the house last week to move into our new place.

 

Asked landlord today which deposit scheme our bond is in,

 

her reply is im not giving you the bond back until you come fix the door or get a new door put on the garage (its fallen off its runners) due to the condition of the garage ect. and wont tell me which scheme my bond is in.

 

any advice as of what to do next would be greatly appreciated as i knew she would try to do this to get herself a new garage from my money. (she is now moving into my old house)

 

thanks for anyones help

[honeybee13]

Hello there.

 

I'll merge this post with your existing thread because it may help the advisers on the forum. I expect they'll be along later.

 

My best, HB

[aidenb123]

Thanks alot. I thought id put my other one in the wrong thread so started a new one here. Thanks got your help.

[honeybee13]

No problem.

 

HB

[raydetinu]

Well, by law she should have given you that information within 30 days of the tenancy starting! and you could sue for non-notification.

It is easy to check, just go on line and check with the different schemes if your address is on their list, ( 4 or 5 of them ).

If its an insurance backed scheme then she still has your money, if DPS cash scheme they will have it and you claim it direct from them, subject to any deductions the LL may claim.

Or you could just take her to court for your deposit back, and let a judge decide if any counter claim is valid.

Did you take photos before you left or agree any inventory? Did you take photos when you moved in ( particularly the garage? ).

Let us know what you find out; if in fact it was not protected then we can advise further.

[aidenb123]

we have now found out by our own research our money is in dps scheme. Photos were taken after we left but not before as we got a written contract excluding the garage out of the lease

this is the letter. Now she wants money for the garage door. If id have known i would have reported the door to her ages ago and got her to fit a new one while i was still there instead of putting up with it. instead she just wants a new door from me.

[raydetinu]

Did you damage the garage door? if not why should you pay for repair ( let alone a new one ) She gave you permission to use it.

As suggested I would not even bother to go through the scheme, just take her to court.

Write a letter ( letter before action ) asking for deposit to be returned in 7 days or will start court action.

Also point out that her not giving you the deposit info is illegal ( localism act 2012 ) and that alone is actionable.

Don't let on that you know where deposit is.

[aidenb123]

No i didnt damage it. The garage was in total disrepair. The whole thing is getting ontop of my partner now. theyve now said shes keeping out bond incase we have any debts on the house (bills ect debt letters ect) is this legal??

[raydetinu]

No, not legal, it has nothing to do with her, if utilities in your name.

[aidenb123]

I didnt think it was. Turns out my landlords have opened a letter today and txt my partner all the details with in the letter. Things just get worse and worse haha

[raydetinu]

That is illegal too, cannot open somebodies else's letters?

[Richyb]

It sounds to me like you have a case here.

 

Come the end of your tenancy the want you to pay for the repair of the garage that was agreed by the landlord to not being in a fit state for use in the first place and was written out of your contract

 

The wording they have used is the key to your dispute as they mention "garage" which is in its entirety, they did not mention specific parts such as the door.

 

"weve not been happy since we had to sign the document stating that the garage was not included"

 

The release you signed was so that should it fall apart and damage your car/person/other the landlord could not be held accountable, since the garage was written out of your contract it is not included as part of the tenancy so is not your responsibility. All you signed was a release form so your landlord was protected.

 

It does sound like the land lord is trying it on.

 

The bond is for damages to items included in your tenancy (which is not the garage), any debts are for the companies that you owe to chase you on which is why estate agents ask for a forwarding address. It is not for an estate agent to hold the bond to act a go between.

 

Hopefully i understood your concerns correctly. I'm by no means an expert , just adding what i feel is logically right.

 

Some info that may help you

 

gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants

gov.uk/tenancy-deposit-protection/disputes-and-problems

[aidenb123]

thanks buddy. So if i were to tell them that they cant claim the £70 out of my bond for the garage door as the garage has been written out of the lease and the bond can only cover things that are included in the lease then i will not have to pay?

 

many thanks