Q&As

Reclaiming a Garage: Court Order and Goods Disposal Rules

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Produced in partnership with Alexander Campbell of Cornerstone Barristers
Published on: 16 May 2019
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A rents a domestic garage to B. There is no tenancy agreement, but rent is paid monthly. Rent has not been paid for over a year, a notice to quit has been served but not complied with, and the garage remains full of B’s possessions. Can A simply take back possession of the garage or is a court order required, and does the procedure under the Torts (Interference with Goods) Act 1977 procedure have to be followed in respect of the goods?

Taking back possession of a garage

Where a landlord has let a dwelling such as a house or a flat, they are not entitled to take back possession of the premises other than by court proceedings where the tenant is still in occupation. This is by virtue of sections 2 and 3 of the Protection from Eviction Act 1977 (PEA 1977).

PEA 1977, s 2 states:

‘Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise

Alexander Campbell
Alexander Campbell chambers

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

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Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

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