parking advice needed

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    parking advice needed

    Hi, have rented a flat for over 10 years and have a parking space. New landlord taken over and says contract does not include parking so all tenants must move their cars. Do I have any rights at all? Obviously all the tenants are shocked by this and worried what is going to happen to car park.

    #2
    What does the tenancy agreement say is being rented and does the title deeds of the property include a parking space as part of the property?

    For example if what you are renting is 25 streetname, townname, post code and the deeds of 25 streetname, townname, post code include a parking space, what you're paying rent for includes the parking space.

    Did the advert that you responded to include a reference to parking?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Has the "new landlord" served notice(s) with (assuming this is England) AN address in England or Wales for the serving of notices, and his ACTUAL address, wherever in the world? If not not rent due (1st), possible criminal offence & fines (2nd).

      As jpk says, what does tenancy state.
      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...

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        #4
        Ditto JPK........ But as an aside, the new LL is going a decent way to having a number of you leaving !

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          #5
          Thank you for your replies. I cannot find my original tenancy agreement but have a feeling it didn't state parking space although when I enquired about the flat originally was told there was parking. Have a feeling new landlord is going to build on the car park, I would move but sadly lack of rental properties in the area at a reasonable rate! All we can do is express our views but doubt he will listen!

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            #6
            Originally posted by jaxdeal12 View Post
            Thank you for your replies. I cannot find my original tenancy agreement but have a feeling it didn't state parking space although when I enquired about the flat originally was told there was parking.
            It doesn't matter if the tenancy agreement doesn't mention the parking.

            If the property includes a parking space and you are renting the property and the parking isn't excluded, you're renting the parking space.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jaxdeal12 View Post
              Hi, have rented a flat for over 10 years and have a parking space. New landlord taken over and says contract does not include parking so all tenants must move their cars. Do I have any rights at all? Obviously all the tenants are shocked by this and worried what is going to happen to car park.
              If I was you I would start looking for another place to rent before all the other flat tenants start looking.

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                #8
                Originally posted by jaxdeal12 View Post
                . Have a feeling new landlord is going to build on the car park,
                It sounds likely, but he will need planning permission of course and as JPK says, it has to say it is excluded for that to be the case, especially if the land registry deeds have it with the car park space..... also consider speaking with the planning dept if he does go that way, on new builds parking paces need to be provided as part of the planning permission to stop the spread of cars onto the roads surrounding the properties................ this is a case of that, where will you all park if he does build on it ? On the roads around about i guess ..... not what the council want, off road parking is a must for most local councils on new builds so why not with you people, it may affect his planning application.

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                  #9
                  Originally posted by Hudson01 View Post

                  not what the council want, off road parking is a must for most local councils on new builds so why not with you people, it may affect his planning application.
                  That will depend entirely on the area, most forward thinking Local Authorities are actively against parking spaces - to discourage car ownership (which is of course falling exponentially).

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                    #10
                    Originally posted by Section20z View Post

                    That will depend entirely on the area, most forward thinking Local Authorities are actively against parking spaces - to discourage car ownership (which is of course falling exponentially).
                    I see your point.... and in some it could be true, i can see the law of unintentional consequences kicking in with cars parking on pavements and blocking junctions..... time will tell.

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                      #11
                      Originally posted by Hudson01 View Post

                      I see your point.... and in some it could be true, i can see the law of unintentional consequences kicking in with cars parking on pavements and blocking junctions..... time will tell.
                      True, hence the total pavement parking ban in London and Draconian enforcement of yellow box
                      the war on the motorist is not ending anytime soon ..

                      Comment


                        #12
                        Originally posted by Section20z View Post
                        (which is of course falling exponentially).
                        it's really not!

                        I don't think there is much doubt that the parking space is actually included in the rent if it was advertised as such, and used for this length of time.
                        However, I expect that the landlord will simply block access whenever he has another use for the land. At that point, I suspect it becomes easier to move out than to try and fight it.

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                          #13
                          Falling exponentially means falling by less and less each time period.
                          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...

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