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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner has a lease for a property she purchased 5 years

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My partner has a lease for a property she purchased 5 years ago, I am currently in the process of moving in / buying 1/2 share. i have noticed on the deeds it comes with a garage which was never given to her. i have taken this up with the management company that a garage is on the deeds / lease and i would like one.i have found out that the garage with this property is being used to store some of there stuff in. I have been having difficulty in getting the garage and have been told they may be able to sort me one out and rent for £500 a year. now i've been told only if they have room to move there stuff out, they may be able to sort me one out.
I am feeling like i'm getting the run around and that if it states on my lease that it has a garage do i have the right to it and do I still have to pay rent?

Karl
Hi,

Why is it that you are discussing renting a garage from them rather than simply seeking to recover the garage which is part of your partner's leasehold title?

Tom
Customer: replied 4 years ago.


I was told by the management company it was not supposed to come with a garage just a parking space and the stating in the lease of a garage was a mistake. But I know they are using it for storage. Should I pursue recoving the garage/

Hi

Thanks for your patience.


Yes, you should absolutely seek to recover the garage from the management company. If the garage is part of your leasehold title then it’s part of the legal title which you/your partner own.

They may say it’s a mistake but the present position is that it is in your ownership and therefore the burden is on them to prove that it shouldn’t be. This will be incredibly difficult for them.

You should refer them to the legal title for the garage/flat and ask for the keys back immediately. If they say they are not going to give you the keys then you should say in writing that if you do not receive the keys within 7 days then you will pay for a locksmith to change the locks and seek to recover the cost from them.

This will force the issue. If they think they have grounds to recover the land themselves then they would need to instruct a solicitor, simple as that.


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Kind regards,


Tom
Thomas and other UK Property Law Specialists are ready to help you
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I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom

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