UK Landlord Forum / Life

I am the landlord of a property which has a detached prefab style garage - i.e. made of panels which interlock and are placed on the ground. I imagine there are some bolts somewhere locking it down, but do not know. It's located in the north west. It has become apparent that the tenant is using the garage to store things in rather than park a car and the challenge is that it's not a weathertight unit as a house is. So when it rains, or rains a lot anyhow, water is finding it's way in. I believe this is under the garage door and low down on the vertical joins between panels. I've not reason to believe the roof has any leaks.

The tenant never made us aware before they moved in of their intentions to store things on the floor inside. Had they I'd most certainly have said it's a garage for a car and hence not advisable to store lots of things on the floor.

From my own research I need "to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes)".  No reference is made to garages anywhere that I can find - all references only refer to the 'dwelling-house'. The garage isn't explicitly mentioned in the contract and there is no mention of it being provided as a dry storage space. The only reference to it is on the inventory as 'garage'...just above wheelie-bin.

Where do you think I stand on this? Do I have any responsibility aside from keeping is structurally sounds and safe for use?

The garage is part of the "Dwelling house" unless it's excluded.

So your responsibility is the same as the residential part.

Garages aren't only used for cars - lots if older garages aren't wide enough for modern cars. But that doesn't automatically extend to a garage being watertight. But if a lot of water's coming in, it wouldn't work as a garage either. Cars don't sit well in the damp.

Whether the structure is safe and sound probably depends on how much water's getting in and where. Under the door's probably reasonable, it's the North West and it's been raining since the new year. Under or through the wall panels? Possibly needs looking at.

Thank you for your reply. Can I ask what makes you believe that a detached garage forms part of the dwelling house unless excluded? I'm not finding that definition anywhere.

You quoted para 1 of s11 of the Landlord and Tenant Act 1985, so try para 1a.

Here's a second opinion - https://www.hiscox.co.uk/landlords-blog/sheds-and-garages-guide

Thanks for that - interesting although I remain unconvinced.

I've already read through the seemingly relevant pages of the  (Landlord and Tenant Act 1985 and there is no reference to structures outside of the terminology 'dwelling-house'. When I look around there are lots of references to this term, but pretty much everybody (including Shelter) does not mention garage, shed,....

Some people do draw a conclusion though such as your reference, and The Central Housing Group amongst others.

"The expressions used in Section 11 and its effect have been considered in a number of cases.

"Structure" for the purposes of the implied repairing obligation consists of those elements of the overall dwelling house which gave it its appearance, stability and shape.  However, "structure" does not extend to the many and various ways in which the dwelling house would be fitted out, equipped, decorated and generally made habitable.  It has been held that the following do not ordinarily form part of the structure of the dwelling-house, namely (i) separate garage and separate gates;  (ii) internal door furniture.  The external windows and doors (including sashes, cords and frames) do ordinarily form part of the exterior of the dwelling house."

My personal take on it it is that the landlord should protect the tenants safety and wellbeing when using facilities such as a garage or shed which may be in the garden. Was the roof to leak it should also be fixed, if water ingress is affecting any electrics that clearly should also be sorted. If the garage was an integral garage my take would be different as it's more arguably part of the dwelling-house.

A garage due to it's nature is not waterproof as a house is. I also think it's perfectly normal to store things in a garage. That said, it would be prudent to raise them off the floor (as most things on a damp concrete slab are going to get mouldy / suffer damage) and a tenant would be wise to put in place plastic shelving or the like to do that. In my particular situation, the tenant has stored things directly on the floor and pretty much covering it. When it rains hard the roof does not leak. That said water is getting in from somewhere which I believe is likely under the garage door and under the sides of the garage as a prefab garage due to it's construction isn't sealed to the floor. In terms of quantity of water it's simply a wet floor - not a puddle or lake. Car, motorbike, bike and lawnmower wheels don't need to worry 

The reason that I think the way I do is influenced by previous access to case records, where the legislation is interpretted by courts and precedents set (or not) for future conduct. I don't have access to case records anymore, so I can't easily quote them - but the idea that a garage is part of a dwelling is pretty well established.

There are loads of planning (and council tax) cases where the specific issue has also been considered.

And I also take your point about the nature of a garage (even if it's part of a dwelling not all parts have the same function or have to be to the same standard. And given the recent weather expecting anything like a garage to be waterproof is more than optimistic.