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A bit of a cheeky one...


Londonjax

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I'm not actually a landlord but need some advice from a kindly one!

We're about to move into a rental property on Friday. We're renting via a letting agent.

When we went to see the property, which was advertised as "including garage", the agent didn't have a key for the garage so we made arrangements to come back another day as we want to store garden equipment, boxes etc., in there and wanted to see that it was in a good enough condition.

When we went back the letting agent had the key to the back door of the garage, they were going to chase the landlady, who now lives abroad, for the key to the front garage door. No problem with condition and we could bring our stuff into the garage via the back garden if we had to (although that would mean going through the house) so we arranged for credit checks etc.,

Last week we chased about the front garage door key as it's obviously easier to unload boxes from the removal van into the garage rather than taking everything through the house.

On Monday we heard that the landlady doesn't have a key to the garage but that "it's not a problem as it's never locked!" Apparently the garage door has not been locked for a long time and she just put her car up against it to stop intruders :rolleyes:

We said this wasn't good enough - if we're away the door is completely unsecured. Her view was that, if we wanted security we should do it ourselves and at our expense.

We've now been asked if we want to go ahead with the tenancy on the basis that we are happy with the garage not being locked. We've faxed back saying we're not happy with the situation at all but have no choice but to proceed as we also complete on our flat sale that day so will be homeless if we don't (I'm 6 months pregnant so don't relish the idea of trying to find somewhere to go in 2 days!)

Now a couple of questions:

1) Are we being unreasonable in asking the landlady to pay for the door to be made secure? We don't care if it's a new lock or just some good quality padlocks but it's her house and the ad said the garage is included in the rent so surely any reasonable person would assume it would lock!

2) If we do have to make it secure ourselves and put on a "hasp and staple" type of padlock are we entitled to take that with us when we leave. I know it sounds petty but I'm not prepared to make it easy for her to get the next tenants when she's not prepared to help with this. Obviously that'll leave a couple of holes both in the frame and the door. We can infill the frame but the door may be tricky as it's metal.

What's the general thought on this? We don't feel we're being unreasonable (though if you think we are feel free to correct me) in asking for a secure garage - the other issue, which we have pointed out, is that if someone gets in to the garage, shuts the garage door, they can go through the back door in undisturbed peace. They can then get into the kitchen door of the house as it's not overlooked. With the garage door secured the only way to the back of the house is through the house or over 6 neighbours fences!

Thanks. Any advice is gratefully received!

J

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It's all about your own due diligence. The tenancy agreement doesn't start until contracts have been signed, exchanged and all fees paid in advance. The property is let as seen with no requirement for betterment by the landlord once tenanted, unless there has been a prior agreement. Your assumption of reasonableness may not be the same for someone else. If you cannot reach agreement beforehand you do not have to proceed. However, you can't expect extras afterwards unless confirmed before the start. Any changes you make to the property should also be agreed either before or during the tenancy and put right at the end of the tenancy, including recovery of your own items.

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Hi Londonjax,

I think your landlord is being stingy and petty - and this is not the best way to establish a new business relationship with the new tenants (ie: you).

This type of "penny pinching" behaviour (by the landlord) should make very loud alarm bells start ringing in your heads.

If the landlord will not pay for the garage door to be repaired (ie: have the lock fixed) then what else is this landlord not going to pay for during the duration of the tenancy. How likely are you to get your security deposit back from this landlord?

The letting agent is clearly spineless - as they have stepped back from this dispute (because they probably fear that they will lose their substantial fee) - and will remain spineless for the duration of your tenancy.

My advice - teach the GREEDY landlord and letting agent a lesson - don't sign the contract and find another house from a more understanding landlord who has pride in their property (rather than trying to squeeze every last ounce of profit out of the tenant).

Good luck

Mark

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Ridiculous! The Landlord should ensure the garage is lockable and the Agent should tell the Landlord that they may lose this opportunity of a good Tenant if they don't get it sorted out now!

The mind Boggles!!

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All rubbish,

The first thing any sensible tenant would do (for their own security) would be to change the locks on the garage and give a spare to the agent.

If any prospective tenant of mine complained about a garage lock, I would worry about any other silly trivial complaints I might receive and tell them to rent elswhere.

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An interesting perspective from BAS ....

A tenant changing any lock would be in breach of the majority of assured shorthold tenancy agreement which specifically stop a tenant from changing any locks.

It really comes down to this fundamental question - is the garage lock part of the "fabric of the house" - of course it is - so that landlord should pay.

I would also comment that a new lock would fall under property maintenance making it 22% or even 40% tax deductable.

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All rubbish,

The first thing any sensible tenant would do (for their own security) would be to change the locks on the garage and give a spare to the agent.

If any prospective tenant of mine complained about a garage lock, I would worry about any other silly trivial complaints I might receive and tell them to rent elswhere.

The point is BAS that in this case the specific requirement is for a lockable garage for the Tenant to store items of value and not how they are going to behave after occupation of the property.

The cost, which will not be a lot to the Landlord, is tax a deductable expense so why mess about and not get the problem fixed. Hardly a big deal for the Landlord is it?

I know I would get it done asap.

Mel.

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As it's an item of negotiation before the start of a tenancy no-one should expect anything from the other party. If the property is only to be let as-is at the viewing, then take it or leave it. One lock is small beer and if the landlord loses out if you withdraw, then so what. If the property is the one that most matches your needs then come to terms with a small repair yourself. However, the landlord should still meet their repair obligations once let.

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Hardly a big deal!!!!

The landlord lives abroad, get a lock and get on with your life.

I don't think we are looking at a £3 padlock here I think we are talking about an up and over garage door integral lock. I had to have one replaced (Garadoor) in 2001 and it was £56 to supply and fit.

So, if this is the type of lock that is required then the Landlord should pay for it and claim it as a tax deductable expense......the same as I did.

In my particular case it was the Letting Agent who lost the key to the garage....in fact they lost the whole bunch of house keys!

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