My husband and I purchased a property (2015). Following our purchase, we lodged an application with the local authority requesting the tenancy of a council garage that was located in a block to the side of the property. In June (2016) we were told that a garage was now available and we could start a garage tenancy. The tenancy was drawn up in my name and I set up via direct debit for the rental payments from our (my husband and I) joint bank account. In March (2017) we advertised the property to rent and mentioned the garage in the advert. At this point we wanted to continue paying for the garage to cover ourselves as we didn’t know how long the tenants were going to be with us but wanted it for our / future tenants usage going forward. So, I continued with the tenancy in my name and the garage rental payments were continually being paid from my joint bank account.
Our tenant stated the lock on the garage had broken so this was reported to the council accordingly.
The workman from the council visited the garage and an altercation between the council official and our tenant ensued. The workman was obviously disgruntled and reported back to the council that we were “subletting the garage”, that it was being used for “storage not a vehicle” and that the “storage was commercial.”
I feel like strangling the tenant because if he hadn’t acted like such a spoilt brat then the council workman would not have probably had his feathers so ruffled. The garage tenancy conditions that I signed state “The tenant will not assign or sublet the garage to any other person/s” although the conditions currently displayed on the council website state:” The tenant will not assign or sublet the garage to any other person/s. However, the garage may be used by another member of the tenant’s household.”
1) I have not assigned – What exactly does this mean? Could I argue no documentation relating to the garage has been put in any name only mine therefore I have only loaned the use of the garage?
2) Sublet – What exactly does this mean? Could I argue that as I have not charged any monies relating to the garage to my tenants would it be deemed as subletting if no monies have changed hands?
3) Another member of the tenant’s household- What exactly does this mean? Could I argue that as I jointly own the property that it is my household? and that my tenant is just another member of that household?
4) If the document online is different to the one I have signed which one would be enforceable?
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