untaxed VW van

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    untaxed VW van

    After having some success getting my LL to clean more frequently I am wondering if there's anything I can do about a van that is parked behind our building.

    The old VW van is owned by an occupant's non resident son. The occupant rents a flat from the family that also own the freehold of the building. I understand they have given permission to park the van in the designated parking spot for the flat. The occupant of the flat has been given permission to park their car in a non-designated area.

    This van is a bit of an eyesore, particularly when looking down on it from my flat. I don't know if it's rust or just dirty on top but it makes the place look scruffy.

    The only thing I can think of is the nuisance covenant. I can theoretically make the LL enforce covenants on themselves as leaseholders but they can insist that I pay Councel to write in regard to the merits of any action. You would also wonder how motivated they would be taking action against themselves (well the freehold is owned by a limited company, the flat in their own names).

    Another option might be to take action against them as leaseholders. The lease states that a leaseholder covenants with the lessor and lessees of the other flats to observe the regulations.

    The nuisance covenant states "no act or thing which shall or may become a nuisance damage annoyance or inconvenience to the Lessor or any occupier of the Building or neighbourhood shall be done or suffered to be done ..."

    Would that cover this sort of thing?

    #2
    You mention it's untaxed in your title but don't mention it in your post. Why? If it's on private property, the DVLA won't be interested.

    If it's an eyesore, maybe you could, you know, look somewhere else once in a while?

    I really don't think it would be legitimately covered by the quoted agreement - is it really a nuisance or inconvenience? Really?

    Have you tried just talking to the person in charge of the van?

    Comment


      #3
      Does the lease state to use parking spaces only for private cars,
      and not for the parking of commercial vehicles, or cars without
      road tax ? if so, there is a breach of the lease.

      Comment


        #4
        It would be a shame if someone towed it out & left it on double-yellows.... That it is parked with hand-brake on simply makes that task a bit more tricky....
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by theartfullodger View Post
          It would be a shame if someone towed it out & left it on double-yellows
          That it is parked with hand-brake on simply makes that task a bit more
          tricky....
          Yes, good ploy and best done when no one from the block has ever
          mentioned the problem.
          But unfortunately, even if a stranger parks and abandons a vehicle
          you are not allowed to touch it, as it is personal property, even
          if is blocking you in.
          As said, if there have been no verbal or written complaints, by
          all means, try it.

          Comment


            #6
            Originally posted by 8086 View Post
            You mention it's untaxed in your title but don't mention it in your post. Why? If it's on private property, the DVLA won't be interested.
            I only mentioned that it was untaxed to show it's not being used. This is since July 2012.

            I really don't think it would be legitimately covered by the quoted agreement - is it really a nuisance or inconvenience? Really?
            If you look at the covenant it includes "may become ..." and annoyance/damage. I think an eyesore is potentially annoying and it may be damaging to my chances of subletting/selling the flat. The flat is in an affluent area and such an eyesore could put the right sort of tenants/buyers off.

            Have you tried just talking to the person in charge of the van?
            Not yet. They've had permission to put it there so I doubt they are going to move it.

            Thanks for all who have posted. I don't want to do anything dodgy so won't be moving it myself. If I can't get anywhere by legal means and I don't find a tenant soon I may consider putting a heap of junk in my parking space when the LL is looking for new tenants.

            Comment


              #7
              Untaxed vehicles parked on private land still have to be declared as SORN with DVLA and it is an offence not to do so.
              DVLA probably won't do anything other than contact the owner to establish its status though if you report it.

              Comment


                #8
                Originally posted by DNM2012 View Post
                Untaxed vehicles parked on private land still have to be declared as SORN with DVLA and it is an offence not to do so.
                DVLA probably won't do anything other than contact the owner to establish its status though if you report it.
                Also now applies to uninsured vehicles too.

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