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Muhammad19

New landlord, am I trespassing?

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HELP!! I am new landlord and recently let the property I previously resided in. It is in a private gated community with an access road.  I used an agency to find the tenants but I am managing it myself; professional couple with good references, ideal.. however we haven't got off to a good start as they believe they have been mis-sold the property as the agent has misrepresented me.

I excluded the garage from the letting. They were informed of this by the agent both verbally and in written correspondence albeit it is not in the actual tenancy agreement. They don't dispute this, the problem is access. I have told them I expect 24/7 access to the garage. I have my 2 very expensive super cars parked there and wish to come & go as I please. They are disputing access as they believe they should have been informed upon viewing and it is not written in the contract or any correspondence. They are adamant the agency only informed them that I was using it for storage and did not inform them of what was being stored or my access requirements. Reading the letter the agent sent to them, it simply says SPECIAL REQUIREMENTS: Garage is excluded

I still believe I have the right to access my cars as often as I please as it is my garage and have said that I'm willing to send a text 30 mins prior to notify them of my arrival. Also I told them that they should keep the driveway clear from their cars to reduce me disturbing them as they can park on the access road in front of the house without a problem.  However, they have said no to this as the listing included off-road parking which they say means the driveway; the garage is located on their private back garden only accessible via the driveway.

 I'm aware the contract states: The Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord. Am I in breach of the tenancy agreement and could I be charged with with harassment or trespassing if I persist? CAB & Legal for Landlords have both said that I am acting unlawfully and that I am only entitled reasonable access to the property with regards to repairs/inspection requiring minimum 24 hours written notice which still needs their agreement regardless of whether the garage is excluded or not due to its location and accessibility. CAB say that I could be responsible for the council tax or at least contributing to it as the tenants do not have entitlement to the whole property which apparently includes the garage and driveway. Lastly that I should be contributing to their utility bills as my super cars are on charge 24 hours in the garage.

Do I have rights to evict them if they deny me access to my garage? If not, do I have to relocate my cars if I want access to them? I don't have a garage where I live now. I've told them am happy to accept their notice if they choose to leave but I doubt they will want to. They've only been there a month and have a 12 month AST  

Please advise! 

 

 

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This post sounds like a wind up to me. It's difficult to :

1. Imagine anybody digging a hole this big to fall in

2. Then to ask questions which verge on being very nieve.

Assuming its not a wind up I side with the tenants. You'll have to move your cars and store them somewhere else. Your tenants are entitled to use the drive. Bring the cars back in 12 months when the tenancy agreement ends.

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If you had provided your agent with full details of access requirements then your agent should have informed your tenants before they committed to the property and full details and requirements should have been agreed in writing,If they didnt THEY (agent) are at fault. 

However I dont believe any tenant would agree to paying for your electricity use and the right for you to access the property with 30 min notice and having to  remove any vehicle they have on the drive. What if a vehicle had broken down or the tenant had, had a drink before hand or was out. This is a totally unreasonable request unless the monthly rent is hugely discounted.  

You need to sit down with the tenants and see if you can come up with a acceptable to both parties agreement and you may need to offer a rent concession.

Other than that all you can do is serve serve at the correct time to end the tenancy after 12 months.. If you tell the tenants you will do this unless you can come to a arrangement that may focus their mind. 

Let us know how you get on.

 

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I would agree with the other comments.  There does appear to be confusion on what you can and cannot do regarding the garage. So what to do?

1. Sit down with the tenant's and discuss a way of solving this problem. I doubt this will lead to a satisfactory conclusion for the very reasons you have stated.

2. Move your cars to a different location for 12 months.

3. You will be very unlikely to evict these people on the information you have provided. As much as I do not like CAB very much they have you banged to rights on this matter I believe.

Good luck and please keep us informed on how you get over this.

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Create a rental agreement with a 3rd party, Mr smith, for the garage and its use.

This person, Mr Smith,  has full access rights to the garage that they are in possession of.

Your existing T's are aware of the storage use of the garage and as long as the use isn't hazardous have no rights to have understanding of that use. As the garage is for storage, of what is immaterial, access to store and remove is a reasonable right. How often is not for them to attempt to control. Would anybody attempt to control their access to the property they are in possession of?

Mr Smith permits you to use the garage, end of.

 

 

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No that won't work legally.

There are numerous issues around this arrangement. There is no point in trying to find a solution because there isn't one.

Access to the garage is not straightforward, it requires no tenants vehicle on the drive... which cannot be guaranteed. They may be on holiday, away for the weekend, have friends or family visiting etc etc. Notice of a visit makes no sense because it may not be convenient for the tenants.  It also ignores the use of their electricity and council tax liability.

It's definitely a non starter and the op needs to move the cars asap.

It's the most ridiculous stunt I've ever heard of.

Perhaps the op might like to consider that letting property is perhaps not his/ her forte.

 

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