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Paco500 · Oct 26, 2012, 03:01 AM

Although I am well aware this is not a UK property legal advice forum, I'm hoping someone out there may have some thoughts.

We have rented our house for the last 3.5 years from a charitable trust that owns about 100 properties on an old estate. When we moved in, there was a shipping container on the grounds of our house (nicely hidden behind a hedge). We asked what it was for and we were told they had purchased it for the previous tennant and they would take it away if we wished. We said absolutely not and it has been fasntastic as is serves as watertight, vermin free storage.

Twice over that time they asked if we were still using it and we have said they we were and would continue to. Last week they sent a letter saying 'as you are aware the container was always temorary and we are taking it away.' I went to the office and explained we were never told it was temporary, we use it actively and if they were to remove it, it would cost us a good deal of hardship. They said they would think about it. Today we got a letter saying it was never part of the tennancy agreement and they were taking it.

Do I have any kind of rights here? It was on the propoerty when we viewed it and moved it, they know we have been using it. It's not listed on the tennancy agreement, but neither is it excluded. The agreement doesn't go into real detail on the features of the property- for example it doesn't list the garage.

We love where we live- I don't want to go defcon 1 on them, but if I have any rights I'd like to subtelty assert them.

Thanks.

ShortcutToMoncton · Oct 26, 2012, 03:38 AM

Certainly look for some level of rent abatement or compensation. Take the stance that you rented the property with the container, it was factored into your decision, and they stated that they would keep it on the property for your use unless you requested otherwise.

Having said that, if you like where you live and if the landlord would not have a problem renting it, you're then giving your landlords a great excuse to give you a termination notice with the appropriate time period and simply stick someone else in the place who doesn't need the container. That's what I'd do with you.

Your call on whether your landlord would think that's desireable to fighting you about it.

ShortcutToMoncton · Oct 26, 2012, 03:42 AM

To add to that: rather than letter-writing, I'd go talk to Someone In Charge representing your landlord. A friendly, polite, face-to-face meeting will 99% of the time get you somewhere better than exchanging letters.

andi*pandi · Oct 26, 2012, 05:44 AM

Wonder why they are taking it. Someone else wants it?

If they can replace it with a small shed, would that do the trick?

Paco500 · Oct 26, 2012, 09:06 AM

To answer some questions:

They are taking for some unspecified construction project- likely to use as a lockup for tools during building.

The issue is not the sape- we have a garage that has space- it's the fact that it is water tight and pest tight- no bugs, rats, mice or rain get in. We use it to store items that could no go into a shed or a garage as they would be destroyed.

Phileas · Oct 26, 2012, 09:10 AM

I used to be a landlord when I lived in the UK - if it is not part of the tenancy agreement than they can remove the container.

Now the decent thing to do, given the circumstances, would be to work out a solution that you both can live with, but legally they don't have to. Shipping containers are cheap to buy. Would you be prepared to get your own?

Paco500 · Oct 26, 2012, 09:26 AM

I looked into it- best I could find is over £1000- that's money I'd rather not spend.

SSharon · Oct 26, 2012, 10:50 AM

Would it be possible to bring the sensitive items inside your home for the duration of the construction and then for the landlord to return the container? If it is just for 3 months maybe that is a workable solution.

Paco500 · Oct 27, 2012, 08:18 AM

if only. Sadly my hose is not big enough- British house tend to be on the small side compared to the US- and there is almost no storage. If I can't figure out a way to get them to leave it, it's going to mean a storage unit. Which sucks.

Phileas · Oct 28, 2012, 08:00 PM

You could go all redneck on them and buy an old Ford Transit van, park and use as storage. If and when you're moving, sell it on.

I did a quick google search, old and rotten, but still drivable, they start at £500.

mindwaves · Oct 28, 2012, 09:57 PM

I say you have no rights. Maybe resign a lease that states letting the structure stay there and raise the rent a little.

ShortcutToMoncton · Oct 29, 2012, 02:45 AM

Why do you say that?

The only obvious reason I can see is if there's legislation mandating that a written rental agreement is the entirety of the agreement. (I.e. what's on the rental contract are the entire terms....any other verbal agreements have no consequence.)

Otherwise, he seemed to rent a property that included a storage container. If the storage container is to be removed, then a corresponding reduction in rent etc. is warranted.

Again, with the caveat that battles between landlords and tenants will rarely, in the end, work in favour of the tenant.

Leonard · Oct 29, 2012, 11:43 AM

What's in the rental agreement is what your entitled to, at least contractually. Verbal agreements are as good as the paper they are written on. And the fact that the storage container was on the property has no bearing in my mind. In my mind, since the charity owns the house and property, they could store their own stuff in the storage container.

In my view, you both should have modified the rental lease/agreement when they agreed to let you store stuff in it and keep it. It should have specified how long you could keep it, whether you are paying additional rent for it, if they could remove it, etc, etc... not doing that got you and them in this predicament.

ShortcutToMoncton · Oct 29, 2012, 01:15 PM

Originally Posted by Leonard

What's in the rental agreement is what your entitled to, at least contractually. Verbal agreements are as good as the paper they are written on. And the fact that the storage container was on the property has no bearing in my mind. In my mind, since the charity owns the house and property, they could store their own stuff in the storage container.

In my view, you both should have modified the rental lease/agreement when they agreed to let you store stuff in it and keep it. It should have specified how long you could keep it, whether you are paying additional rent for it, if they could remove it, etc, etc... not doing that got you and them in this predicament.

I'm not trying to be a dick here (great opener for when someone is in fact being a dick, haha), but: you live in Ontario, where verbal and implied rental agreements are clearly permitted under the Residential Tenancies Act, and where a rental agreement can include "services and facilities" which specifically includes "storage facility".

Soooo.....errr.....yeah.