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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi. I recently moved into a new flat to rent. when viewing

Resolved Question:

hi. I recently moved into a new flat to rent. when viewing the flat I asked if one of the car spaces was for this particular flat. foxtons said they would look into it, but though that it was. I agreed to rent the flat. 1 month later I had still no confirmation about the car space, so I sent them a letter. they replied saying they were still chasing the landlord. the day before the move in I emailed them again, they replied saying that the landlord occasionally uses the space but that im free to park there if hes not there. I wasn't happy about this, due to how late the information was and that it left me in limbo. but that how it was. I have now been living in the flat for 1 month and yesterday receive an email from foxtons saying, that the property management company has said I cant park there as the landlord has privately rented the space to someone else.
so my question is do I have any legal case here? surely they cant mislead me on the merits of a flat?
any help would be appreciated. many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now you were told there would be a space of some sort available?

Customer:

I was told that I was the landlords space and that hes uses it occasionally, but that I could use it if its free

Customer:

I chased foxtons for the answer before I moved in several times over about 1.5months

Alex Watts :

Ok - does the contract mention a space?

Customer:

no

Alex Watts :

Ok - what is it you want to achieve?

Customer:

I would like to use the space as they said I could

Customer:

there are 7 spaces in total and they are never full

Alex Watts :

In terms of a space, was that agreed after you signed the contract?

Customer:

no before

Alex Watts :

Ok - so why didnt you ask that it was included in the contract?

Customer:

they said its was because it was for use of the landlord and that I can park there as he doesn't use it often.

Alex Watts :

Ok - the problem is this. It was not in the contract and you have been told you can't park

Alex Watts :

The court can only enforce proceedings against your Landlord

Alex Watts :

The court can't enforce proceedings against the flat management company

Alex Watts :

You could claim compensation but you won't be able to force the management company, which you have no contract, to provide you with a space

Alex Watts :

I can tell you how you sue for breach of contract if that helps?

Customer:

yes please that would be helpful

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

that's all I need. Many thanks Alex for your help tonight.

Alex Watts :

Can I help with anything else tonight?

Customer:

No that's it. I must say this site is very useful.

Alex Watts :

Great. If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Property Law Specialists are ready to help you

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