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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a private tenant who has been living in the flat

Customer Question

Hi,
I am a private tenant who has been living in the flat for about 3 years now. We have a problem with our car parking space now. When we moved into the flat it was verbally agreed by the landlord about the parking space. Nothing has been mentioned on the agreement.There are 4 car parking spaces and when we moved into the flat no one else was using the spaces and we had no problems and gradually other tenants bought cars.
For last few months landlord has left a skip in one of the spaces reducing the car parking spaces. Now some one else has bought a car and the car parking space is not enough.Parking has not been allocated to any flats as such. My husband does late shifts when he is back he cant find a space to park! The land lord is not willing to do anything he says as it was not mentioned in the agreement he don't want to do anything! His solution is if you have problems you can move out of the flat! Today we have received a parking ticket as well as we had to park on yellow lines! we cannot just move our flat for this one reason!Our daughter goes to school and I have to take a train and we chose that house years before because of the location!
Could you please tell me what are our rights as a tenant?
Thank You
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.What does the landlord say about this please?alex
Customer: replied 11 months ago.
In fact the whole building is owned by the same landlord .His answer is nothing has been mentioned or guaranteed about the car park in the tenancy agreement.He also said he don't know whose car it is and it could be a subtenant.But we know who the car owner is and he has not replied back to that! Also we did not had any other options last night when my husband came back from work at 2:30 am but park in the yellow lines and we have got a penalty now! Would we able to claim from the landlord? we have spoken and send several text messages to the landlord about this parking issue.
Expert:  Ash replied 11 months ago.
Ok. Was the parking provision before or after you signed the contract?
Customer: replied 11 months ago.
sorry,I did not understand the question clearly. We verbally asked the landlord about the parking before we moved into the flat and he agreed with us there are parking spaces available and we can use any of them, we have only one car so we used only one space.we have been using it for last three years now. It all suddenly started when new tenants with a car moved in and the other existing tenants bought cars. when we moved into the property we were the only who had a car and used the parking.
Expert:  Ash replied 11 months ago.
Ok, if it was discussed beforehand then it's a term of the contract. If it is a term then you can sue for breach of contract.But if it was agreed that you would have a space the even though it's not in the contract it's implied into the contact as it has been agreed.Can I clairfy anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Just one quick doubt how would I prove it that it was verbally agreed by the landlord about the parking space?
Customer: replied 11 months ago.
Apart from my question above, my landlord has told me if I want to use the parking space I will have to pay £50 from April!
All this problems has been caused by the skip he left on the car park but he is not willing to move it
Expert:  Ash replied 11 months ago.
The landlord can't do this, it wasn't In the contract!Alex

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