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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think the landlord

34 replies

NotSoChicAfterAll · 15/01/2014 12:19

Should move his stuff out our garage.

Been in a rented flat for 4 months, one of the main reasons for renting is because it comes with a garage which DP needs. When I came to view the place there was some furniture in the flat a mirror, wardrobes, dining table but that's all.
After we recieved the keys, we went into the garage to see it was half full of the landlords things, hundreds of books, beds, sofas etc.
We mentioned about the stuff in the garage and he said he will sell it just hasn't got round to it.

Skip a couple of months & he's done nothing about it. So I mention it to him and said that he needs to keep that stuff in there as the flat is rented part furnished and if we move out he will need to furnish it. So I ask could he maybe lower the rent, as we can't really use the garage, & we pay for it and he goes off on one & says he was thinking of putting it up blah blah blah. At the end of the conversation, he said e will collect it soon and take it to the tip.

Now i would let him keep it in there but he's as he's mentioned he will be selling it or taking it to tip he just hasn't got round to it, so he's just not doing it out of laziness.
AIBU to think he should move out all of his stuff, seeing as it was advertised with a garage & we pay for it?

OP posts:
JakeBullet · 15/01/2014 12:33

He is being very cheeky, he advertised it with a garage which you can't use and gets arsey when you ask him to clear it for your use (which you pay for). I'd be getting onto the Letting Agents and telling them you will charge HIM rent unless it is moved by X date.

And to make the threat that he is thinking of putting the property on the market simply because you have asked him to shift his stuff! What an utter arsehole! This is why private renting has a bad name..... too many greedy fuckers out there who want to have their cake and eat it.

He advertised the place with a garage....this means you should be able to use it.

Original poster
NotSoChicAfterAll · 15/01/2014 13:00

I think I will get on to letting agents. I said I would last week but DP said to talk to landlord first and be reasonable with him, but he isn't going to do anything about it and don't see why we should pay for a garage we can't even get a car into or any of our stuff Angry

OP posts:
Joysmum · 15/01/2014 13:04

I'd be straight onto the agents.

I rent out a house with a garage but I keep the garage for storage and rent out at market rate for a house without a garage.

quetal · 15/01/2014 13:07

Of course you are in the right, you should be able to give him notice to move it otherwise you will destroy/dispose/charge him rent for the storage, however assuming this is a private rental you do of course have no effective rights, since if you try to do anything official to force the issue you can quickly expect a section 21 notice in the post.

helenthemadex · 15/01/2014 13:07

speak to the letting agent, you are paying for something you can not use

Prettykitty111 · 15/01/2014 13:09

Notso go straight to the letting agent. I assume you are tied into a contract so if the landlord tried to sell he would have to sell with a tenant in situ as you have a contract. I would be asking what the average rents for where you live without a garage would be and telling the EA that you want that refunded for the time you have been there.
I'm having problems with our landlord and I'm fully involving the EA in it. I had no use of the spare room for nearly a tear due to damp issues and we are at the small claims court stage. They showed you the property, they confirmed the details in their ad and I assume you pay your rent through them to the landlord. It's taking money and not providing a service and you can take them to small claims court should they not help you.

ZillionChocolate · 15/01/2014 13:11

Have you worked out the going rate for garage rental?

Hissy · 15/01/2014 13:47

Get your letting agent to find you a new home to move to NOW. this LL is going to take the piss royally and you will end up being served notice.

At the end of the 6m you don't need to give notice, you can just move, as it's assumed the contract ends there unless you decide to remain. So now is the time to look for somewhere else.

Original poster
NotSoChicAfterAll · 15/01/2014 14:38

I will get hold of te estate agents and come to some agreement, he's so hard to get hold of, only gives a house number but doesn't always answer, withholds his number when ringing my mobile, when I said I would post something to him & what his address was, he said no he'd come and pick it up...
I'm all for privacy & what not but the other week I heard a car pull up and the garage door open. I thought it might be DP just dropping & collecting something, but when I looked out the window I saw it was the LL driving off... I'm pretty sure that's against some kind of law?Hmm

OP posts:
ophelia275 · 15/01/2014 15:09

If that is no use, call Shelter as they can give legal advice too.

ophelia275 · 15/01/2014 15:12

The problem with most landlords (not all), is that they want their cake and eat it. The property you are renting is not your home, it is his "asset". That is how he probably sees it anyway.

ifyourehoppyandyouknowit · 15/01/2014 15:17

Check your contract and speak to your letting agent. He's ripping you off if you are paying for a garage and he's left it full of crap. Also, is any of the stuff on an inventory? If it's not surely you could (you wouldn't, obviously) just bin the lot of it and he's got no recourse to complain?

HettiePetal · 15/01/2014 15:22

He's breaching the contract quite severely - in theory you could sue. Not only do you not have access to the property you are paying for, he is breaching your quiet enjoyment by showing up without notice.

Don't you have the LL's address? Legally you should have - it's not enough to just have the name & contact details of the agent.

The law actually says that you don't have to pay rent if you don't have an address for the LL. Not suggesting you don't pay, or anything - but sounds like neither your LL or agents know what the fuck they are doing.

HettiePetal · 15/01/2014 15:25

Incidentally, if you ask for and don't receive your LL's address within 21 days he's actually committing a criminal (not civil) offence. I'm not kidding.

Bloke sound like a liability.

Dingleinthevillage · 15/01/2014 15:26

Under the requirements of section 48 of the Landlord & Tenant Act 1987 rent is not lawfully due unless the tenant has been given, in writing, an address in England and Wales at which notices can be served. That can be the agent's address, as long as notices can be served there ie they have the address.

Prettykitty111 · 15/01/2014 15:29

Hettie THAT is interesting. I didn't know that and I don't have our landlords address. Might ask for that today.
Notso you definately have a right to a peaceful life in your tenancy and also there should be a section that says the landlord or anyone has to give you 24 or 48 hours notice before he comes round so you can complain about him just turning up at the garage too. He is breaking almost every rule in the book. You definately have financial recompense here if you decide to progress with it.

HettiePetal · 15/01/2014 15:29

No, the agent has to give the tenant the LL's address too.

From Shelter:

All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address

BettySwollocksandaCrustyRack · 15/01/2014 15:33

The LL's name and address should be on the contract....mine is anyway.

If it was advertised with a garage then you should be able to use it.....be firm and insist it is sorted!

I rent out a house, I fully appreciate that whilst it is my house, it is their home whilst they are residing there and as long as they treat it with respect, abide by the contract then I will too.

HettiePetal · 15/01/2014 15:33

Oh - should add that they don't have to give a LL address if the LL is living abroad. Only then will just the agent do.

specialsubject · 15/01/2014 15:35

if you want to leave at the end of your six months, give your notice 1 month before to ensure no doubt.

he is taking the piss. We rented a place out with some furniture in it (nowhere else to put it) but what was there was listed exactly for the tenants to see BEFORE they signed up. And yes, they got an empty garage.

Dingleinthevillage · 15/01/2014 15:35

Shelter have been known to be 'inaccurate'.

HettiePetal · 15/01/2014 15:37

I double checked before I posted with a blog written by a property lawyer.

Hope she's not inaccurate too.

Note top number 3

Original poster
NotSoChicAfterAll · 15/01/2014 16:32

I didn't know that it was against the law for a LL not to give his address, I will ask for it when I next speak to him.
Contract is up in March, we were going to stay here but I think I will definitely terminating it, he's useless!
The day after Boxing Day we came home after being away for christmas to see water on the bathroom floor, a pipe had broke behind the toilet & was leaking everywhere. When I called him to tell him he said 'Do you know a plumber? Ring one yourself' Shock
I think he needs to be taught how to manage houses

OP posts:
GrandadGrumps · 15/01/2014 16:59

HettiePetal yes, the information supplied in that link is inaccurate.

The landlord's own address has to appear on any written demand for rent (section 47) but an agent's address can be supplied to comply with the requirements of section 48.

HettiePetal · 15/01/2014 17:51

So, as well as Shelter, the CAB are wrong too?

Your landlord is obliged by law to give you their name and address, regardless of whether or not you have a written tenancy agreement

From here

If a LL expects rent for his property, he has to give the tenant his name and address. If he doesn't, he's not due the rent.

That an agents address can be used for notices is totally beside the point.