Caravan kept on rented driveway

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    Caravan kept on rented driveway

    Ok , I have recently moved my touring caravan from a campsite and onto the driveway of our rented accomodation. My landlord does not want it kept there what rights does he have to insist it is moved.Cheers

    #2
    Originally posted by wigsy
    Ok , I have recently moved my touring caravan from a campsite and onto the driveway of our rented accomodation. My landlord does not want it kept there what rights does he have to insist it is moved.Cheers
    Unless there's some local bylaw or rule which says that caravans can't be kept there - which would mean it's not actually down to the landlord to give or deny you permission - I would doubt he has any right to object ('quiet enjoyment' and all that), unless it's written into the tenancy agreement and/or there's a particular reason. Why on earth does he object anyway? Why does it make any difference to him?

    Of course if you persist he can give you a notice to quit without needing any reason, assuming you're on an ordinary AST; so fighting it may not necessarily be your best option.

    Comment


      #3
      Our property has a covenant on it that stipulates caravans should not be kept on the driveway or the front curtilage of the property. I don't know whether this clause was imposed as part of the Planning Consent or the desire of the developer to keep frontages uncluttered.

      If I was renting I guess I would have to put a clause in the rental agreement that coincided with that requirement.

      If the reasons for inserting the clause are explained to the tenant at or before the signing of the tenancy agreement I cannot see it to be constitute an unfair contract for a landlord to ask the tenant to meet the obligations imposed on the landlord by deed or contract.

      As in this case the tenant was not apparantly informed either in writing or verbally of a restriction then it could be regarded as unfair for the landlord to impose it now.

      OTH if I had made a mistake like this on my property the only way to resolve the issue in the face of an intransigent tenant would be to seek repossession.
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        We are, I believe, assured tennants having started the tenancy in April 1995. We do not have any written contract or tenancy agreement. We are in a rural area and the caravan does not obstruct anyone , it is tucked away behind the house and is barely visable from the road.We don't have to consult with him when we change our car and park a different one on the driveway so presumably he has no right to dictate what we own and where on the land we rent from him that we keep it.....are we right.I do feel harrassed by him. His manner is abrupt and he threatened to move it in a week if we don't.Advice please.

        Comment


          #5
          From the information you've supplied (and I use that phrase advisedly, because so often people ask for advice on here but omit an oh-so-crucial bit of information!), the LL sounds totally unreasonable and I can't see any reason why he should be able to object legitimately to the caravan being there.

          But as has already been pointed out, if you dig your heels in, you may well find you simply get issued with 2 months' notice to quit: are you prepared for that?

          I would think that if the LL took it upon himself to remove the van himself (to where?) he would be in serious breach of his responsibilities and would get his come-uppance in court, big time.

          Comment


            #6
            A caravan in such a location might be used for residential purposes and would be in contravention of planning legislation. Your landlord has a right to be concerned. It's not the same as changing vehicles.

            Incidentally we have another condition in our covenants... you must not park a commercial vehicle on the driveway!!! We would have to pass that on to a prospective tenant too.

            Your tenancy that started in April 1995 is an Assured Shorthold Tenancy even although that is not in writing. It has now become a Periodic Tenancy and the landlord could, if your dispute continues and is not resolved, give you two months notice seeking possession. The landlord does not have to give any reason for requiring possession.

            If you decide to sit tight on this issue and the landlord enters your property without giving 24hrs advance notice this would be regarded as harassment. Similarly if he removes the caravan the harassment would be regarded even more seriously. The taking of the caravan by the landlord could be reported to the Police as theft and harassment.

            Maybe you would like the landlord to carry out his threat?
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment


              #7
              Originally posted by wigsy
              We are, I believe, assured tennants having started the tenancy in April 1995.
              Ericthelobster and Worldlife have not correctly identified whether wigsy is an assured tenant.

              Wigsy, please set us straight.
              1. did you move in after 15 Jan 1989 but before 28 Feb 1997?
              2. did your landlord give you a notice stating that your tenancy was to be an assured shorthold tenancy before you moved in?
              3. did the tenancy pass to you after a regulated tenant died?

              When we know the situation, maybe then the others can speculate about the landlord giving notice.

              However, I think the members should look at other ways of resolving the situation without eviction.

              Comment


                #8
                Q1: (did you move in after 15 Jan 1989 but before 28 Feb 1997?)
                We moved in April 1995

                Q2:did your landlord give you a notice stating that your tenancy was to be an assured shorthold tenancy before you moved in?
                No he did not, all we were given at the time was a rent book, nothing else since

                Q3:did the tenancy pass to you after a regulated tenant died?
                No it didn't

                Comment


                  #9
                  Originally posted by wigsy
                  <snip>We are, I believe, assured tennants having started the tenancy in April 1995.<snip> .

                  Originally posted by Poppy
                  Ericthelobster and Worldlife have not correctly identified whether wigsy is an assured tenant.
                  Agreed Poppy but I was acting on the information provided by the OP. Will it be essential to provide an explanation for the difference between the moving in date and the actual start of the tenancy? On what basis was the tenant occupying the property before the start of the tenancy?

                  I was misled by the Office of the Deputy Prime Minister (now defunct) which in a broad statement somewhat confused the effects of the Housing Act 1988 amd the Housing Act 1996 with effect from 28 February 1997.

                  In the legislation, the term "assured tenancy" covers both assured tenancies (sometimes called "full" or "ordinary" assured tenancies) and assured shorthold tenancies. For clarity, this leaflet will refer to assured tenancies and shorthold tenancies to highlight the important differences between the two.

                  An assured or shorthold tenancy is the usual form of letting if:
                  • you are a private tenant and your landlord is a private landlord;
                  • the tenancy began on or after 15 January 1989;
                  • the house or flat is let a separate accommodation and is your main home.
                  Vic - wicked landlord
                  Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                  Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                  Comment

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