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Dispute of tenancy parking space.

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Author Topic: Dispute of tenancy parking space.  (Read 194 times)
Newbie
Posts: 2

I like property

« on: September 29, 2019, 09:04:13 PM »

Hello, I wonder if someone can please help me!
Me and my partner are first time renters and moved into our property in April 2019. Our tenancy is 2 years with a one year break clause.
The property was advertised with off street parking, this was also confirmed with the estate agent as well as my landlord.

Our block consists of 4 flats with 3 car parking spaces on the driveway. For the first 4 months there have only ever been 3 cars so we assumed one of the flats didn't;t have parking, some months into our Tenancy our neighbour left and a new tenant came with a car which would have made it 4 cars to 3 spaces!
We got a knock off our neighbour upstairs who says she is one of the leaseholders and that i had been parking in her parking space which she bought with her lease (her flatmate parks his car there from time to time).

This was the first we had heard so wrote to my landlord to confirm this as I had been parking there since we started renting.
I asked my landlord what car parking space was allocated to our flat. My Landlord wrote the the managing company regarding the spaces, in which they confirmed that the space w had been parking in was in fact off limits.

My landlord insisted that when she lived at the property (from 2001-2006) that 4 cars would fit on the drive. However, since then some plant bedding has been put in and a huge tree has lifted up the paving outside the property which narrows all space on the driveway and explained this to her.
She then replied that if this is the case then parking is a first come first serve basis.

When we got told we were going on holiday a week from then and got in an absolute panic about my car as everywhere is permit or pay and display.
I asked her what could be done as these are not the terms that we took the property upon and cannot change the rules of parking 4 months into our tenancy!
She then suggested that I get a permit. I paid 100.00 for a permit and went on holiday, only to come back and faced an 80.00 charge for parking down the road as a permit is only valid for 2 hours of the day!

I wrote to her expressing my frustration as we have now occurred a 180.00 charge due to deceiving advertisement. I suggested that as this is not our fault and have tried to co operate with the situation and should therefore deduct these charges from the rent, in which she said no.

We cannot break our tenancy until April and for us parking is just not guaranteed which I'm sure any driver would see how frustrating this is.
My landlord lives up north and our flat is in south london.
Things just haven't gone the way renting should examples: our flat had  not been professionally cleaned, no siliconing had been done, light bulbs were broken, painting got done 3 months into our tenancy, she promised us a new washer dryer which we have yet to receive, skirting board have not been repaired. none of what was in our offer has actually been fixed par late painting and garden cutting. For none of this we have withheld rent for. But this parking situation is getting too much and when forced to the road will cost me 8 per day par sunday.

Can somebody please please give me some advise on what to do as it is costing us so much money. Are we in our right to take of the 180.00 for the permit and fine?

 :'(

Full Member
Posts: 190

I like whiskey

« Reply #1 on: September 29, 2019, 11:14:47 PM »

If I was you, I'd write to the managing director or senior partner of the lettings agency.  Explain that you were misled by their advertisement, which falsely stated that the property had parking, and show them a copy of the advertisement which said so.  Be clear that this matter has cost you 180 so far and you expect the costs to rise as time goes on.  Say that you consider this matter falls under the Consumer Protection from Unfair Trading Regulations 2008, but you would prefer not to involve Trading Standards at this stage and you await hearing from them with their proposals to remedy.
Newbie
Posts: 2

I like property

« Reply #2 on: September 30, 2019, 01:38:49 AM »

Thanks so much for this, the Agency only let the property but my landlord manages it, so should I still contact the Agency or my Landlord instead?
Full Member
Posts: 190

I like whiskey

« Reply #3 on: September 30, 2019, 02:03:52 AM »

I think you should contact the agency.  You sincerely believed when you moved in that there was a parking space; you were misled; and it was their advertisement that misled you.

They may well try to say that it was the landlord who misled them.  Your position is that that's a matter between them and the landlord, i.e. not your problem.
« Last Edit: September 30, 2019, 02:05:51 AM by Mortimer »
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