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Rental house and a tricky landlady

Question

We rented a house on the etat de lieu the garden shed and part of the garden are all photographed as some substantial work now needs to be done the landlady now says that this part of the garden is not on her land. The house has a fence all around the property including this area. Can she do this or have we been mislead in the lease agreement which is registered. Thanks for any help on this matter.

MeHa

You need to carefully read the etat de lieu, the garden must be mentioned somewhere

Jul 3, 2015 13:05
kasseistamper

I'm not sure that I understand what your problem is.
If the garden is not on her land, then it is not your responsibility and the photographs are irrelevant.
However you should be able to find a definitive answer from your commune and, if they cannot help, then a local notaris should be able to advise you.
If the garden is, in fact, on her land, then the photographs show the extent of your responsibility - you only have to hand the place back in the state that you took it over. You don't have to do 'substantial work' if the work was needed when you moved in.

Jul 3, 2015 13:50
becasse

If you live in Wallonia, the map on the website below can be zoomed in on to see property boundaries. Doubtless similar sites exist for Brussels and Flanders.

http://webgisdgo4.spw.wallonie.be/viewer/#theme=CCUE;extent=20916:-8407:...

Jul 3, 2015 14:29
AnnieK

Kasseistamper, in my view the problem is that Rosy has originally rented a house with a garden and a garden shed, and no doubt the fact that there is a garden and a shed has been reflected in the rental price. Now the garden and/or the shed apparently need substantial work, which to me suggests that they are no longer fit for purpose. However, instead of fixing them, the landlady is now claiming that they do not even belong to her and thus are not part of the rental agreement. So Rosy and her family are paying rent for features which they no longer can use.
I second the suggestion to carefully read both the rental agreement and the original etat de lieux. If the garden and shed have been included in the etat de lieux I don't see how the landlady can now claim that she does not even own them. I mean, how has she been able to rent out someone else's property in the first place?

Jul 3, 2015 19:26
CC_R

Rosy are you responsible for the maintainer or is the land lady? What kind of work is due ?

Jul 4, 2015 01:06