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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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I just moved in with my family (including a 3 year old)

Resolved Question:

Hi,
I just moved in with my family (including a 3 year old) as tenants in a building that has an allocated off street parking. My wife bought a bike trailer to take our 3 year old to school. The management company and neighbors say we need to get rid of everything because there is no parking space. I have an allocated parking space where I leave a Mini car and a scooter (that i use to commute every day) and I'm inclined to fit in the space the 2 bikes + trailer. My AST does not mention bikes and does not prohibit this.. The real estate agency and landlord were aware of our requirements but underestimated the situation. They said that there is a bike shed and there shouldn't be problems to fit everything in the shed. It turns out the shed is a private investment and my landlord did not participate and the other owners don't allow us to store the bikes. We cannot store them anywhere else (in other common areas, it's a big off street development) because not "aesthetically pleasing".
Can we leave everything in our allocated parking?
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience and will try to answer this for you. How is the parking space described in the tenancy. Is the parking space inside or outside?
Customer: replied 1 year ago.
Hi,Thanks for helping out.I'm attaching the 2 main contracts for your convenience. The Tenancy conditions I put were generic, and literally stated "allocated parking included with the property". I intentionally omitted "car parking". This condition was accepted by the agency and landlord.
The second document is the tenancy agreement. Perhaps the key article should be 2.53 (it's the only time the word "park" is mentioned). It basically lists what is prohibited in the communal car park, such as boats, caravans and commercial vehicles. all the rest should be acceptable.
Have a look at the AST as well and let me know
Many thanks
Customer: replied 1 year ago.
I forgot to mention, this is an outside, off street parking.
I'm not sure how it works with the others, but I know that my flat has an allocated parking space where the management company and the landlord told me to parkThanks
Expert:  LondonlawyerJ replied 1 year ago.
Thankyou for that. On a quick perusal of that I can't see any reason why you shouldn't store your bike and trailer on the car paring spot. The contract refers to communal car park, yet you have an allocated space. I am assuming that is the same car parking spot you are talking about. I note you have a 3 tear AST so the opportunities for revenge evictions is slight.
Customer: replied 1 year ago.
Thanks for your reply. I appreciate the fact that I can store everything (car, scooter, bike + trailer) in the allocated parking space. I noted that you pointed out a difference between the communal car park referred in the tenancy agreement, and the allocated car park that has been assigned to my flat. Since everyone has an assigned parking space and nobody stores bikes/trailers, can they refer to any sort of policy or agreement between owner's that regulates what can be placed in common areas and allocated parking spaces? Nobody never showed me this, but what if it exists?
Furthermore, I didn't grasp the meaning of the eviction possibilities...why should this even be a possibility?Many thanks in advance for your reply
Expert:  LondonlawyerJ replied 1 year ago.
There is no prospect of an eviction for 3 years as long as you do not get into rent arrears. You are bound by the tenancy agreement. If there is an agreement amongst owners in some other documents then this will not bind you directly. If there is a rule preventing the use of he space in the way you want to use it then the landlord has entered into an agreement with you that he was not able to do and it is possible that the others could in theory prevent the use, although whether they would actually be able to enforce any such agreement against you is questionable. You might also be able to look to your landlord for compensation if this happens.
Expert:  LondonlawyerJ replied 1 year ago.
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