No access to garage - what are my rights?

[moto123]

Hello,
I have been living in a flat for 5 months now. We chose the property to rent because of its central location and its secure undreground garage. However in the short time we've been here the car-lift has broken at least 7 times sometimes for several days which means our car is literally impounded.

Luckily I can walk to work but my partner has to drive and on these occassions has had to get taxis into work.

On another occassion we had an important family function so we hired a car, we agreed the initial cost with our landlord before we hired it.

Now the car lift has broken again and there is no guarantee it will be fixed by Christmas when I will be (hopefully) visiting family.

Our landlord refuses to refund the money for the taxis and has only part-paid the car hire and says they will not refund any money if we book another hire car.

This is incredibly frustrating as my car is perfectly usable and i really begrudge spending money on a hire car (which is cheaper than the train on xmas eve) is it my responsiblity to cover these expenses or my landlords? Do i have the right to withold rent in the amount of the car and taxis?

Thanks for any help

[camblet]

Hello,
I have been living in a flat for 5 months now. We chose the property to rent because of its central location and its secure undreground garage. However in the short time we've been here the car-lift has broken at least 7 times sometimes for several days which means our car is literally impounded.

Have you spoken to the other tenants? Do you all have the same LL? And what does it say about the secure underground garage in your TA?

[moto123]

It says we have "the right of access on foot and with vehicles at all times for all reasonable purposes connected with the use and enjoyment of the Unit to and from the public highway over and along the areas giving access to the unit and the parking space"

Many of the other tenants who park there have the same problem and the same LL but the LL says they will not refund anyone.

[Poppy]

When does the fixed term of this tenancy end? I think you need to find somewhere else more suitable to live and park your car.

You can negotiate a rent reduction (in writing) for the days that the car lift is not available for use. Inconvenient, but you should keep a diary.

[jeffrey]

Does the Letting Agreement:
a. include (as part of the demised premises) the garage as such or at least an explicit right to use it; and
b. oblige L to maintain the car lift?

[moto123]

Does the Letting Agreement:
a. include (as part of the demised premises) the garage as such or at least an explicit right to use it; and
b. oblige L to maintain the car lift?

It is a bit complicated because as well as our landlord the building has a management company. It is the management company that are responsible for the communal areas and it is them who are refusing to refund any expenses we incur through the carlift being broken.
We have also spoken to our landlord who have said it is not their problem and we should contact the management company.

The lease from the management company says we have " the right of access on foot and (where appropriate) with vehicles at all times and for all reasonable purposes connected with the use and enjoyment of the unit to and from the public highway over and along the areas giving access to the Unit and the Parking Space."
It also states the management company is responsible for "replacing and repairing the lifts and lift machinery and equipment on the Common parts."

Our tenacy agreement states "The Landlord agrees to carry out any repairing obligations as required by section 11 of the Landlord and Tenant Act 1985"

Repairs are being (slowly) carried out but so far the carlift has been out of action since Tuesday morning as it is now the weekend I cant see anymore work being done until Monday. I feel that being deprived of my car without alternative transport for a week is unacceptable.

Thanks in advance for your help

[Lawcruncher]

Since you have not said that your tenancy agreement specifically either (a) includes the car parking space as part of the property let or (b) grants a right to use the parking space I shall assume that neither is the case and then ask: was the flat advertised as having a parking space or was it otherwise made clear that the parking space was available? Were you given a key to get to the car park? If the answer to any of these questions is "yes" then I think that it can be implied that the space was included or a right granted - for practical purposes it does not really matter which. If that is the case, then the landlord cannot "derogate from his grant" by doing or allowing anything that prevents the space from being used. He cannot simply wash his hands of the affair by insisting that it is all down to the managing agent.

[moto123]

was the flat advertised as having a parking space or was it otherwise made clear that the parking space was available? Were you given a key to get to the car park?

Thanks,

The flat was advertised as having a space, we have a specific space in the carpark (with our flat number on it) and were given a keyfob.

[moto123]

So can anyone help me? Do I have grounds for witholding rent?

[moto123]

Just to update (and bump). Our garage is still out of order and has now been so for 3 weeks.

Fortunately it was discovered the lift was able to be operated manually and our car is now out the garage. It broke on the 15th Dec and that was done on 23rd. However we now have nowhere to park our car. At the moment we are using visitor passes to park outside our old place which is about 15 minutes walk away. However we have nearly run out of them and as the garage seems no closer to being fixed it looks like we're going to have to pay to put it in a multi-storey across the road. There's nowhere we can park it for free without walking at least 30mins.

So does anybody know what we should do now. Should we demand our rent be reduced accordingly (what sort of value would this be?) and what about the expenses we are now going to have to pay to park our car?


We do plan on moving out but as we have plans to re-locate in the summer it could mess them up if we move and have to sign for another 6 month period (we have just gone on to a 1 month rolling contract, which offers much more flexibility for when we can move out).


Any help would be very much appreciated.


Thanks

[Poppy]

If your tenancy agreement is now on a statutory periodic basis, you only need to give one month’s notice ending at the end of a rent period. Why stay and suffer so much inconvenience?

Have you considered negotiating a rent deduction equal to the amount that you have to pay to park?

[moto123]

If your tenancy agreement is now on a statutory periodic basis, you only need to give one month’s notice ending at the end of a rent period. Why stay and suffer so much inconvenience?

Have you considered negotiating a rent deduction equal to the amount that you have to pay to park?

Thanks I will see how much it is going to cost us and then write to the Landlord. Is it a simple case of it only being that amount that we can deduct from the rent bearing in mind parking in an unsecure multi-storey about a 5min walk away (it's accross the other side of a dual carriage way) is considerably more inconvenient than parking in our secure garage right underneath our flat?


We do wish to move out but as we are re-locating (which we have to do by September, as thats when my partner starts her course) we wouldn't be able to do any interim move as the earliest notice we could now give would be March 1st, putting us into October before we could relocate.

We want to move out immediately, but unfortunately it's March at the earliest.

[Poppy]

You’re coming up with so many objections. Let’s try to keep it simple.

You are no longer forced to remain at this property. I am simply suggesting that you could try to negotiate a rent deduction equal to your additional parking costs. It’s up to you where you park the car. Are your negotiating skills up to scratch?

Your can negotiate with your next landlord a three/four/five/whatever month fixed period if that’s what you require.

Decide what solution works best for your circumstances and go for it.