Neighbour using our shed and does not want to leave

[lapc]

Hello, I am asking for some advise about my rights. We have been renting out our shed to our neighbour to store some furniture for her vintage business. After 5 years, we would like to get our shed back but the neighbour is really difficult about it. She only replies reluctantly to txt messages where we ask her to leave or to make other arrangements, but she does not like to engage with us. For example, she says "Oh I thought I have already replied", when she clearly hasn't. What are our legal rights? Can we send her a letter with a notice that her goods need to be removed by xzy date as otherwise we will assume she has abandoned her stuff? Can we remove her stuff. She has put a lock on the door so we do not have access (the lock was installed years ago). No contract has been ever signed about the renting out the shed. Any help would be much appreciated. Thank you.

[des8]

I thinks you have a problem!
Is this your garden shed, or is it a commercial property?
If your garden shed is your local council aware of a possible change of use to business premises?

The lack of formal documentation is to your disadvantage.

Presumably she continues to pay her rent?

It would seem that there was a tenancy at will which might have developed into a periodic tenancy which will be regulated by part 2 of Landlord and Tenant Act 1954.

If your tenant knows her rights you will be best off trying to negotiate her exit rather than using the courts

[lapc]

Thank you very much for your reply.

Well, it is an outbuilding of a private property. It is not a business premise. However she uses it as a part of her business to store her furniture for her vintage shop. Rent has been verbally agreed but she does not pay very regularly, and only ever if my husband asks her. It is a very low rent but she has not paid in the last 2 years. The agreement has been made between her and my husband several years ago (before I was married to my husband). We live very rural and back then the neighbour asked my husband and they agreed that she could use the shed that otherwise would stay empty and unused.*

My husband is anxious of confrontation and has sent her a few kind text messages to say that we would like to have our shed back but she is rather uncooperative.*

Many thanks for pointing out the part 2 of Landlord and Tenant Act 1954, and the notion of a tenancy at will. Is it possible to give notice to the neighbour to resolve this tenancy at will? With this information, have my rights changed? Thanks again.

[des8]

If you had a written lease, it would contain a forfeiture clause allowing repossession in the event of non payment of rent.
Without that written clause forfeiture cannot be claimed.

Tenancies at will are only temporary arrangements, and as this arrangement has been allowed to continue over a number of years it might well be regarded as a periodic tenancy.
I suppose your husband's original intention was to allow use of the shed under licence as a favour to a neighbour , but due to not having anything in writing and possibly the neighbour being awkward you are in an invidious position.

If you try to evict her you could find yourselves on the wrong side of the law.

It could be that she doesn't know her rights, and if you can't obtain her agreement to vacate, a letter from a solicitor might encourage her.

[lapc]

Thank you very much. So in a nutshell, if the neighbour refuses to pack up her vintage furniture, there is not much we can do? It is like dealing with a squatter. I hope she is not going to claim our shed her own in a few years if this continues.

We were also thinking to say to the neighbour that we would like to sell the house and she would need to leave the shed by the end of January so that it can be marketed and also visited by potential buyers. Maybe this would help, and I also wonder if she would then have to leave as otherwise she would frustrate the process.

[des8]

Perhaps she will shift if you tell her that you will be suing for all the unpaid rent if she doesn't go quietly

[lapc]

Thank you. It is just really disempowering that we do not have the ability to have the law on our side to clear the shed within a specified time period - like 1 or 2 months. Tenancy agreements can be resolved after giving notice to the tenant and I am not sure why we cannot do this too?*
The thing is we do not want to fall out with anyone, but her to leave. I am surprised that she is not ashamed coming onto our property and saying "hello" with a smile, but not paying or being forthcoming to clear the shed. I would be mortified to do the same with a neighbour.*

[lapc]

My husband also said that she more likely to pay the rent than to leave. We just want her to leave.*

[lapc]

Thanks again. I have also read the tenancy eviction information for Scottish law, and it has been helpful to see what we could do if push comes to shove. I hope it will turn out all fine.*

[des8]

Agree it seems wrong that doing someone a favour can land you in this sort of situation.

Trouble is you have an unwritten contract and that gives both sides certain rights and protections, depending on how that contract is viewed.

It might be worth your while to obtain face to face legal advice from a solicitor proficient with commercial leases.
A fixed fee single consultation might give you pointers on the best way forward.
If you can arrange such a meeting, do your preparation so you know exactly what to ask so no time is wasted

Now just noted you are in Scotland, so position may well be different from England & Wales!

[des8]

Viewing the new info have done a quick check and it seems your position is better in Scotland than England
1) Forfeiture: in case of non payment of rent the tenant must be given at least 14 clear days (after service of a formal warning notice) to make payment,
2) There is no statutory or common law right to renew a Scottish commercial lease so that, provided that valid notice to quit is served, the lease will terminate at the expiry of the contracted term. The required notice period is normally 40 clear days. So if there is no written contract you can probably just give notice.

But do check with a solicitor!



*

[lapc]

Thanks a million for your help! Have a great new year 2020!