Garage Use

[Energise]

If a property consists of a flat and seperate garage and there is no specific inclusion or exclusion of the garage in a tenancy agreement, would the tenant have any rights to the garage?

[oaktree]

You've answered your own question "If a property consists of a flat and seperate garage"

If your agreement gives them the right to occupy "the property" then they have the garage too. Always better to specifically exclude garages if the landlord wishes to retain it for his own use rather than rely on the tenants ignorance.

[Energise]

What redress can the tenants expect, (the landlady has already let the garages to someone else)?

[Jennifer_M]

Was the tenant told about the garage on taking on the tenancy ? Was he told that he'd be renting the flat and garage ?

[Energise]

No, a garage was not mentioned at all.

There is a block of 4 flats with 2 landlords each owning 2 flats each. One landlord (mine) provides the garages (without any mention in the AST and no mention during my viewing) the other has not, neighbours were a little peeved when they found out 2 of us had garages.

[Jennifer_M]

Well I guess if the other tenant was never offered the garage, it was never mentionned in the advert or the agreement and he agreed to rent the place without knowing about the garage, he can hardly ask for it now.

If you have a garage for the same amount of rent you just have a better deal than him.

[Energise]

[QUOTE=Jennifer_M]Well I guess if the other tenant was never offered the garage, it was never mentionned in the advert or the agreement and he agreed to rent the place without knowing about the garage, he can hardly ask for it now.QUOTE]

I dont know, I guess it depends if a garage is regarded as part of what they have rented or not, is the garage part of that address if it is surely it would need to be specificly excluded.

Quote from AST (verbatim)

"The Landlord lets and the tenant takes ALL THAT mesuage or dwelling house with the appurtenances therto belonging situate at and known as ~address here~"

[dazalock]

Lordie, bet Paul has something to say about plain English, or is it just me. :eek:

[P.Pilcher]

Yep - Paul will indeed have a field day! If the remainder of the lease is written in similar language then the landlord will have the unmost difficulty in enforcing the covenants contained therin oops - sorry: the conditions that the tenant has to comply with.

P.P.

[Andy Parker]

Energise - If the garage is part of the property then you have a right to include it.That is a reasonable interpretation of the words 'messuage' and 'appurtenances'.The economic loss to you might be the rent that the LL is getting by reletting.