Tenant parking rights-Dilemma

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    Tenant parking rights-Dilemma

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    #2
    this is only my opinion but if the car is parked in someone elses space and untaxed then it is parked illegally and therefore can be towed away

    Give the Local Authority a ring to clarify, they should know.

    Also if the parking space is not on the AST then he has no rights to it!

    This is how i see it.
    Please note i may be in pumpkin mode, the light might be on but i may not be here

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      #3
      If the space never was mentioned in the advert you used to entice the tenant, or verbally, and is not in the ast, I would say your tenant has no right of it and the space is yours.
      If this is so tell the concierge that he has no permision to use your space and should be treated like any other tresspasser.



      How did he get to park in the gated area anyway...did he blag his way in? Or are you sure you haven't indicated somehow that there is parking available to him. The concierge may want to hold you responsible for towing fees.
      All posts in good faith, but do not rely on them

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        #4
        Originally posted by turnera View Post
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        In your title deeds when your property was first sold-off by developer (Transfer/Lease), what was provided re parking space allocation? Your sub-tenant has only whatever rights you have.
        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).

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          #5

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            #6
            Originally posted by turnera View Post
            Does this help? Should I just tell the concierge he doesn't have parking rights?

            Regards
            Andy
            Yes, I would, and then just leave it at that until your tenant leaves.

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              #7
              If you said verbally the flat has parking before you let it to him, this counts. Technically he could say that he wouldnt have rented the flat otherwise...and you gave him a false statement to entice him. Although it would be hard to prove.
              All posts in good faith, but do not rely on them

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              You can search the forums here:

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                #8
                Tenant parking rights

                I will check my legal contract and see what that says as per Jeffrey's suggestion.

                However, my space has not been useable due to building site materials obstructing it, etc and the Concierge can back me up on this. Therefore, up until now I could honestly say that I didn't have the ability to offer parking as the allocated space wasn't available. Of course he argue that the space was given verbally, but as he as lied on his application, I am wondering whom the court would believe?

                Does anyone have any thoughts on the license option, if he says it was verbally part of the AST, can I say no it he has verbal license and I am now giving notice of my intention to withdraw? Would this wash, if he hasn’t paid anything for car parking separately?

                Thanks again- Andy

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                  #9
                  Originally posted by turnera View Post
                  I will check my legal contract and see what that says as per Jeffrey's suggestion.

                  However, my space has not been useable due to building site materials obstructing it, etc and the Concierge can back me up on this. Therefore, up until now I could honestly say that I didn't have the ability to offer parking as the allocated space wasn't available. Of course he argue that the space was given verbally, but as he as lied on his application, I am wondering whom the court would believe?

                  Does anyone have any thoughts on the license option, if he says it was verbally part of the AST, can I say no it he has verbal license and I am now giving notice of my intention to withdraw? Would this wash, if he hasn’t paid anything for car parking separately?

                  Thanks again- Andy
                  If AST is silent on parking rights, argument will turn on whether property verbally described there does or does not include the space. T would not have to pay separately for it- any more than paying for right to use common parts- but, if T has evidence suggesting that AST includes the space, its unavailability due to builders' rubble would count as your fault and not T's. T might then want a rent reduction from you.
                  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


                    #10
                    Originally posted by turnera View Post
                    Of course he argue that the space was given verbally, but as he as lied on his application, I am wondering whom the court would believe?
                    I think the likelyhood of you ending up in court over his right to use the parking space is low. But even if it does, its the facts that matter. It doesn't matter about his word against yours and who will be believed. Did you give him verbal enticement or not? Because if you did you may have to tell a barefaced LIE in court. Thats something I would not be happy to do.

                    If you mentioned the parking space as verbal advertsing, not coming through with it could be a breach of the "trade descriptions act", rather than making it binding as part of your AST. To be an offence, the statement would have needed to be made knowingly or recklessly.
                    All posts in good faith, but do not rely on them

                    * * * * * ** * * * * * * * * * * * *

                    You can search the forums here:

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                      #11
                      A pragmatic response:

                      Why care? Just relax about it and forget about it. It is of no consequence to you as you do not need the space for yourself. Save your high blood pressure.

                      I know you hate the tenant, but don't make life even more difficult for yourself.
                      The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

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                        #12
                        Originally posted by turnera View Post
                        I only became aware of the issue re my tenants car recently when the concierge said did I know that he had a car parked in space 36 and it was untaxed and with 4 flat tyres. At that point I was surprised, but having not seen the tenant since the start of the agreement, I was unaware of this position. As my space is 35 I didn't think it was my responsibility.
                        You sound like a bad neighbour to have as you don't care about the other flat owners. What about the poor sod who owns space 36 and had as to put up with your tenant's vehicle in it, you don't seem to care about them? Talk about landlords de-valuing properties. Why not let the tenant have your space and give your neighbours a bit of peace from your problem? Or all the other neighbours uncaring BTL's too
                        ~~~~~

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                          #13
                          Car parking

                          I'm not sure I would agree being a bad neighbour! I have only just been told that they have parked their car (which is not taxed and with flat tyres) in someone elses spot! I live 200 miles away so difficult to check!

                          The reason why I can investigating their rights is that they are not paying rent, and I have proof today that they scammed their previous landlord! So hence no I dont really trust them.

                          I wanted to see if there is any angle or pressure I could put without harassment where they would want to leave as my space wasnt available, together with the fact I did not know that they had a car! As the contract /emails are silent on car parking, I thought this might be a valid discussion point to have with within this forum . I have in the interim given my space to the person whom is meant to be in 36.

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