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New landlord access advice please

Started by Muhammad19, July 03, 2017, 11:14:39 AM

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Muhammad19

Hi
I just called Legal for Landlords for advice regarding access to my garage which I excluded from the let of a recent property. The garage is clearly not part of the tenancy however as its only accessible via the driveway in their back garden I have been told I don't have a right to access my garage without the tenants permission and could possibly be charged with trespassing!! The tenants are professionals, moved in a month. The property was listed with off- road parking hence the driveway but no garage. They could easily park their cars on the access road in front of the house which would reduce the need to disturb them.  I want to use my cars whenever I choose and as it's my garage I should be able to access them freely.  Does anybody else have a different view? CAB said I have no rights for access other than repairs/inspection 24 hr written notice which still has to be agreed and suggest I move my cars from the garage even though it's clearly excluded!! They say that if I continue to store my cars without asking for access I may be responsible for all or part of the council tax? These are very expensive cars which require to be on charge 24 hours a day. The tenancy states the tenant is responsible for all bills.
I do not have a garage where I'm living now. I understand it's in their garden however I don't think I'm being unreasonable as they knew the garage was excluded. Am I acting unlawfully or do I have a right to access?  Can I apply to evict the tenant before their 12 month AST ends?

Hippogriff

You're completely in the wrong and you've not thought this through clearly at all. Excluding parts of the property you're letting is always a bad idea, fraught with difficulties - just as you are experiencing. You advertised it with off-road parking... yet you now seem to be asking them to park on the road... off-road vs. road... or on-road. You've made a mistake.

I would be providing some kind of incentive to the Tenants for them to be ultra-facilitating with you and your needs. A modest rent reduction or something like that. You want this to not get difficult, you really want that. Make them feel like they're getting something worthwhile from this debacle.

It's their property, it's their garden, it's their driveway... you've excluded access to the garage and garage alone, it seems... an unfortunate oversight, but still an oversight (and yours - not theirs).

Riptide

Landlord or tenant?  This poster posted as both on LLZ with a 3rd username and has been banned from LLZ. 

Hippogriff


Riptide