parking issues

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    parking issues

    Hi i am new to this site.

    please help i am a tenant with an assured shorthold tenancy agreement. We rented this flat and it had a garage and parking spaces. No amount of spaces were specified. We were just told you can park in the communual parking.

    The flats management company have now said that we are only allowed to park 1 car in the parking area. and that if we do not do this our car can be removed.

    We have two cars and have been parking in two spaces as have a lot of other flats. Can a management company sudenly change the rules to parking? i do not want to park one of my cars on the road as its insured to be parked only off road.

    I am a good tenant, we pay a lot in rent and keep to the rules.

    any advice would be appreciated

    #2
    If no amount of spaces where specified then how do you know that the management company have changed its policies on parking and not just toughening up?

    Are spaces specifically designated to apartments?

    This is assuming that the management company you refer to is the apartment management rather than your managing agent.

    Is it secure entry via pin or pass card?

    Comment


      #3
      the parking is a private communual area in front of the flats,

      the management company have put a notice (peice of paper) on my car saying at the AGM shareholders voted to introduce a new policy on parking ... residents may park one car only per flat.

      I rent my flat from an agency and have a letting agreement from them, can the management company which is run by some of the owners alter my original agreement.

      help please

      Comment


        #4
        Yes they can - the management company have control of the site if your letting agent had altered the agreement then you would have cause......

        I would visit the letting agent and ask the landlord if his apartment was sold with the right to park more than one car (as apts are normally sold with allocated spaces)
        However if not then this will probably have stemmed through residents who are unable to park a single car in the area or if the lot has become a free for all there may be implications against the developments insurance.

        You may find that you have to negotiate with the letting agent to find you an alternative space and if not attempt to find local parking and attempt to negotiate a reduction from your monthly rent to accomodate this......

        Of course this is assuming that the agent led you to believe without doubt that you could utilise the area for both cars.

        Comment


          #5
          thanks for the help,

          we did rent the property saying we had two cars, the management company took the details of both cars when we moved in and said no problem, this is our 2nd year and its only been in the last 3 months thats this has happened.

          Comment


            #6
            The answer to this question is going to depend on what rights your landlord (that is the flat owner) has. In the absence of any agreement to the contrary in your tenancy agreement I would suggest, applying section 62 (2) of the Law of Property Act 1925, that you have the same rights that your landlord has; you are naturally subject to the same restrictions. You therefore need to get hold of a copy of your landlord's lease to see what rights he has and also what restrictions may have been imposed in respect of parking.

            In the meantime, write to the management company and ask them on what authority they seek to restrict your parking to one vehicle. Remind them that any vehicle which is removed without lawful authority is a trespass to goods.

            Comment


              #7
              thanks again

              how do i go about seeing the landlords lease. I thought that that was somthing he would get when he purchased the property.

              the para below which you mention lawful authority.....

              "In the meantime, write to the management company and ask them on what authority they seek to restrict your parking to one vehicle. Remind them that any vehicle which is removed without lawful authority is a trespass to goods"

              what does that mean in laymans terms what is lawful authority, how do they get that and what is a trespass to goods.

              sorry to be a pain

              Comment


                #8
                You can buy a copy of L's lease. Apply to HM Land Registry, with forms OC2 and ID1. It will probably cost you £24, however!
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

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