council garage Tenancy

[fuzzywuzzy]

Could do with some advice.

we have a garage rented from the council and with rent paid on time, have never had a problem and the garage has been with the family in different names for 10 years.

My friend works for the council and actually in the office that the garage is covered by.

Me and my friend have parted on unhappy terms.

Since this time we have received 2 reminders for rent payments that were not due, the letter that arrived today was actually printed 10 days ago.? When visiting the office it was found the rent was fine.

the previous time the lady behind the counter actually said " Im sorry it does seems someone is being a bit quick on your account" meaning the pay point had not been allowed to clear.

So as long as our rent is continually paid on time as it is, and conditions of the tenancy are meet, would I have a problem if this person decided to cause problems to attempt to cancel our our tenancy.

What process do they have to go through, do we have any rights at all???

As its the council i am concerned, and im so glad im not renting my home too

Any ideas

Thanks
fuzzy

[buzby]

Wouldn't think so - you'd really have to be delinquent before any nasties kick in. They could certainty use these childish tricks to keep you busy, however if you keep a note of all the unwarranted problems, wait until the reach a reasonable number and then request to see the office manager and provide the information to allow an investigation.

[Rob S]

Do you pay the rent by cash or have you set up a direct debit or standing order to pay the rent? It might be worth considering standing order or direct debit for payment, if you are not doing so already, as an effective means to counter any attempt to be a silly sod by your former friend. I was renting a council garage up until last year and I had a standing order set up which paid the rent with no issues at all. In fact they ended up owing me money as they had calculated the rent at a private tenant rate instead of as a council leaseholder

[fuzzywuzzy]

Originally Posted by buzby

the office manager and provide the information to allow an investigation.

this is not an option if you get my drift.

I have re read the letter again and i am in shock of how someone could abuse thier position like this, the letter is dated 14th July and we recieved it today 24th July, therefore the letter has been withheld a week.

And threatens if you do not pay what you owe with in 1 week of the date of this letter your locks will be changed.

No signature, no refernce initials.

the amount is £10.00 it wasn't even owing and that is 1 weeks rent if it was in arrears.

letter printed on a saturday, someone doing overtime??

Rob s.
We don't do Direct debit, since reclaiming charges we keep it simple no DD all paid in cash, we have paypoint reciepts for them all.

rent will now be paid 2 weeks in advance and then weekly. lets see if we get an on the spot inspection
Fuzzy

[MrShed]

It should be noted that this will not be a "tenancy" in the respect that it is usually meant on these forums - that is reserved for dwellings alone. It will either be a commercial tenancy, or a common law tenancy, or potentially a lease of some description. These come with very different rules than residential tenancies.

[Rob S]

Fuzzy,

You could write directly to the chief executive rather than go through the relevant department to make a formal complaint. Ultimately it can go as far as the local government ombudsman if the council don't deal with it properly.

[fuzzywuzzy]

Hi MrShed, very grateful your reading. Thanks for the update.

Rob s thanks again.

Have been up all night looking for the envelope and it is as I thought post marked the 19th from their office franking machine.

Printed 14th still in house, sent out the 19th, delivered 24th, at a guess i would say this person stamped it and took it home and posted it in a mail box on the Saturday.

Anyway that I can not prove, but can prove the notice was withheld 5 days out of the 7 days regarding the right to reply week.

I am going to ring round and find out some answer today will get back to you later, we are also getting a statement of payments from the office.

Can I Data Protection Act request the council?

thanks
Fuzzy

[fuzzywuzzy]

Ok got some answers.

The rent kicks into an account every Monday.
the pay point was being paid on a Friday

While this was gong through, letters are generated by computer and spat out the printer, therefore the letter dated the 14Th and 7 days notice from that point.

the letter sat in the printer tray until Monday morning being the 16Th, at which point! the payment had arrived.

It was then logged on the system as processed on the 16th. ( meaning these letters are being signed 2 days after printing.)

So was this notice active from the 14Th or the date of issue 16th, as the printed date and issue are different. when would the 7 days reply time actually start ( the letter stated the date as printed)

then once this had happened it sat around waiting to be franked until the 19Th, then possibly sat around some more waiting to be posted which obviously did not happen until either the 21ST or the 23RD. As the 21ST is a Saturday and no one works a Saturday it oculdnt be then.

So printing / issuing and franking are never proof of date of posting

This is a serious issue as agreed by the council man as it could result in a persons car and goods being kept in a garage with changed locks and everything being scraped with no offer of removal.

So today i will be writing to the Area service manager under private and confidential.

Does Anyone know about this letter signing as they are actually signing to the effect that the date they are doing so is the -14 th.

would like some examples for a good letter if theres any takers.

The rent payment is no longer an issue its simply rectified by paying an extra week so its paid forward 1 week.

Fuzzy