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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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As the government has capped the level of rent increase the

Resolved Question:

As the government has capped the level of rent increase the Landlords can impose on residents. Our Landlord have introduced a sudden car park charge for parking in the car parks which was available to all residents when we acquired these rented/Leasehold properties to continue using the car park in our usual normal way. This is across all their stock and disabled, elderly and every resident will be effected by this, as no-one will be allocated the parking space they have paid for, most of their car parks are unsecured, the residents will have to find available parking space for themselves as usual with these extra charges. There is no protection or security programme in place, Catalyst Housing said it will be on a first come first serve. We feel we are giving no choice but to pay this extra charge for and area that is already included in our rent and living agreements. Catalyst have failed to have a consultation with any of their residents before sending out these demands. Is this legal and what can we do to avoid the level or rip off from our Landlord.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

Is there anything in your agreement which says you are entitled to a parking space?

Customer: replied 10 months ago.
I have my contract here & there is a sign in the car park saying 'For Catalyst Residents only' the gates are not secured and anyone can park in our private car park. It was also confirmed by the office who signed the contract too, that the is a cost added in the rent. Catalyst would never show the items included in the rent and service charges, they also can't prove that we're not already know paying for the car park.
Expert:  Ash replied 10 months ago.

Ok - so as far as you were aware a space was always included at no cost?

Customer: replied 10 months ago.
As, this new parking charge hasn't been carefully planned out by Catalyst, there are only focusing on asking for more money. No mention about allocating parking spaces to the residents that pay the extra £83.
Expert:  Ash replied 10 months ago.

OK - but I need to know was it in your agreement if they would let you have one at no charge when you signed the agreement?

Customer: replied 10 months ago.
we are at present using the car park since 2003 with no other cost than paying the rent & annual rent increases on our properties. We just park in available spaces, residents pay for replacement parking permits (A one off cost of £10, which works exactly like the Wembley event parking permits) but on Catalyst terms. No separate cost for parking in the car park is mentioned in the agreement/contract.
Expert:  Ash replied 10 months ago.

And that is in your agreement or you have that in writing?

Customer: replied 10 months ago.
There was an interview when we was offered the property & was told the car park is only for the residents, other than being verbally require to register our cars at the main office so that we're not given a ticket by their security wardens. None of the above is mentioned in my agreement. Catalyst made it possible, cause initially we all had garages and in our consultations then, it was promised we would be provided with places to park our cars to replace the lost of our garages when Catalyst rebuilt the houses and flats. There have never been any charges or allocation of car parking spaces to residents, we know where we are allowed to park, cause every road and block have a car parking space made available for them.
Customer: replied 10 months ago.
There's nothing in writing or document here, maybe in Catalyst corporate administration.
Expert:  Ash replied 10 months ago.

Then you can seek an injunction to stop them from doing this.

You would need to get a Solicitor to write and ask them to not bring in the charge and say you will go to Court otherwise.

If they refuse then you can issue proceedings. You can do this using form N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The court would list the matter down for hearing and decide whether to grant an injunction.

If you get all the residents together it will cost a lot less.

Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you Alex,This is very useful advice on how to move forward positively with this concern.I will share this advice with our residents Block Reps. I think you have done the best for us & there's nothing more for me to request.Have a good day & Kind Regards *****

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