Got a flat on the premise it included a parking space, turns out it doesn't.

[sanctuary95]

Hi,
So me and my partner recently started renting a flat, the flat was advertised with a parking space, we were assured multiple times that it had a parking space and we even got a parking permit. Someone somewhere messed up and it turns out the flat doesn't have a parking space, which is a huge problem for us, we live in the city centre, there's no where to park. and the parking space was the main reason we got the flat. We're spending a lot of money a month on this place, and we really need somewhere with a parking space. the problem is our tenancy agreement doesn't mention a parking space so i was wondering if we could even got out of the contract?

[ChrisDennison]

If you have the evidence that the flat was advertised with a parking space and that you requested this then I would ask your landlord to either organise you a parking space, or to cover your costs of doing so elsewhere, or to ask for an early termination of the lease with a full refund of your costs. As a consumer you have certain rights and false advertising is unacceptable.

[nukecad]

If it's not in the TA then you don't have a dedicated parking space.

TBH if the property had a dedicated parking space then you would not have needed a residents parking permit; didn't that raise a flag with you?

No doubt the agency staff will say that they meant that a residents permit would be issued, which would let you park for free nearby where non-residents are limited or have to pay.

How exactly was the advertisment worded? Wording can make a big difference.

For instance our property does not have dedicated parking, but being the town centre there is off street parking, right outside the door in our case.
Our (council issued) residents permits let us park free in the on off street parking 24/7 - whereas those without a permit are limited to 1 hour and get a ticket if they stay longer.
So sometimes you have to wait for a space but once you are in it with the residents permit it's yours for as long as you want to park there.
In other parts of town there is no parking at all unless you have a permit.

Check where your permit allows you to park and for how long.

[DPT57]

The Consumer Protection (Amendment) Regulations 2014 give tenants a right to unwind a tenancy in some circumstances, such as entering a contract on the basis of misleading information. You could call the Shelter helpline for more information or just Google it and approach your landlord to exit the tenancy.

[sanctuary95]

nukecad,

We live in a block of flats, there's a private car park with numbered bays, the advert advertised the flat with one of these bays. The TA seems to just be a standard TA that the lettings agent uses for all their properties e.g. it says 'IF the property comes with a garden". etc...

They sent us the parking permit for a specific bay that was apparently the one that came with the flat, but someone else also had a parking permit for the same bay, it turns out that the records of the parking ownership was incorrect and the previous owner was informed that our flat doesn't have a designated parking bay.

Our landlord/ letting agents were under the impression it did come with one, (our landlord has very recently just bought the flat).

The company that owns our block of flats is now cancelling our parking permit since it seems it was issued to us by mistake. Honestly it's such a confusing situation and i'm not sure who messed up.

[sanctuary95]

I've just looked back on the video tour they sent us (couldn't view the flat in person due to COVID, and the woman states "The flat does come with in an allocated parking space."

[DPT57]

It doesnt matter which one of them cocked up or whether it was a genuine mistake. The result is that you took the property on a false premise and they have to either provide you with parking or let you end the tenancy as per post #4

[jpkeates]

It doesnt matter which one of them cocked up or whether it was a genuine mistake. The result is that you took the property on a false premise and they have to either provide you with parking or let you end the tenancy as per post #4

Yes - this is correct.

[nukecad]

If it's a private 'permit' issued by the RMC or agent then that sounds like false advertising.

They could try to claim it was a mistake because some flats have parking and some don't - but by issuing you with an actual parking permit for the flat that argument is countered and takes it to a different level.
Especially as it seems to have already been disputed in the past.

If they have issued you a parking permit as part of the tenancy then there has to be somewhere that you can park and use it.
(The theoretical parking space may not be convienient to use, but it has to exist).

Questions I would be asking:

1. Who issues the parking premits and why didn't they update their records when it was disputed by/with the previous owner/tenant, so that if it was an error at that time then a 'permit' would not be issued in error for that flat again?
2. If the premits aren't regularly updated (ie.reissued ever year or so) then why wasn't the incorrect permit destroyed at that time? If it had been then it couldn't be given to a later owner/tenanant by mistake?

Without a reasonable answer to those then I'd say it sound like deliberate misadvertising.

[ChrisDennison]

Couldn’t agree more with post #7. It doesn’t matter whose mistake it was - it wasn’t yours, that’s the key. Get what you were promised, or get somewhere else and ask them for early termination and refund of any costs you had to pay.

[Self sufficient]

I have seen someone encountering exactly the same problem. Usually the available parking spaces/bays commensurate with the total number of flats and its residents but unfortunately some of the residents illegally occupy excessive number of bays by parking their sorn/untaxed car, allowing their visitors, or other ways of blocking them. Most often the letting agent has no control over this matter who usually suggest to speak to the block management who also arent gets listened by the residents. Also in blocks of flats there is no policy of parking permits/reservation rather the total system base on common sense/self managing. Try to check the parked cars details online and if untaxed/sorned then report to the authorities which might create space for you.

[mariner]

Nothing can be done about a SORNed vehicle parked on Private land with the Landowner's permission.

[Hudson01]

Nothing can be done about a SORNed vehicle parked on Private land with the Landowner's permission.

Even without the landowners permission it is a real pain !

[nukecad]

Besides the false advertising issue, which even if resolved probably isn't going to get you a parking space.

Have you looked into the possibility of getting a 'Residents Parking Permit' from the local council?

If available then that would let you park locally, maybe even on-street, albeit not on the private car park.

[bertie57]

I've just looked back on the video tour they sent us (couldn't view the flat in person due to COVID, and the woman states "The flat does come with in an allocated parking space."

If it were me, I'd save or record that video tour before it disappears. Take screenshots of anything else that clearly suggests that there is a parking space provided and then email them politely but firmly with your concerns and what you want/intend to do. Good luck!