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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22828
Experience:  Senior Partner at Berkson Wallace
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I bought a car last Friday and I tried applying for a

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Hello, I bought a car last Friday and I tried applying for a parking per it straight after.
Assistant: What state was the citation in? And have you consulted a local attorney?
Customer: the council said we live in a car-free development and they can’t give us one.
Assistant: Do you need to appear in court?
Customer: this isn’t mentioned in our tenancy agreement.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 11 days ago.
Hello, Is there anything I can do against the landlord if this “car-free development” isn’t mention on the tenancy agreement?

I have been asked to look this for you. Can I have the full background detail please? I need is much information as you have please. I need to know exactly what the problem is and what you want to know about this. Thank you

Customer: replied 11 days ago.
I bought a car last Friday and I tried to obtain a permit on the same day.
The council didn’t approve the request as we live in a car-free development.
The tenancy agreement doesn’t say anything about this and we were not made aware of it at the beginning of the tenancy.
I mention that to the landlord and he said there’s nothing he can do about it.
I am now obliged to pay £20 a day for parking and I would like the landlord to reimburse for all the money I paid and I am paying.
Is there anything that can be done?

You cannot do anything about the fact that you were not told about this before you entered into the tenancy. Caveat Emptor applies-Buyer beware( although I appreciate that you were only renting) and the landlord does not have to disclose anything that you have not asked about.

If it’s a car free development and you didn’t ask about parking, that’s the end of it if it isn’t allowed.

I’m afraid that you are stuck with paying the parking charge or getting rid of the car.

I’m sorry, I know it’s not the answer you wanted but the question is very common.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

 

Customer: replied 11 days ago.
Even though the tenancy agreement has a paragraph about cars and parking?
It says:
1. To park a private vehicle only at the premises.
2. To park in the car parking space, garage or driveway allocated to the premises, if applicable.
3. To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the tenant, his family, contractors or visitors.
4. To remove all vehicles belonging to the tenant, his family or visitors at the end of the tenancy.
5. Not to park any vehicle at the premises that is not in road worthy condition and fully taxed.
Customer: replied 11 days ago.
I never asked if having a ca r was an issue because of what is written in the tenancy.
Customer: replied 11 days ago.
*agreement

Thank you. You have not mentioned the tenancy agreement before.

You have a claim for compensation under the Misrepresentation Act if in the tenancy agreement grants you the right to park a vehicle whereas the reality is there is no parking.

That is something you would have to take up with the landlord.

It isn’t going to give you parking but if it’s going to just you GBP20 per day that is the measure of your loss although it seems unlikely that the landlord is going to pay you that amount of money everyday over the next six months. Nonetheless, if the tenancy agreement is defective, that is what you are entitled to.

 

Your remedy would be to take him to court for what this costs you which you would not have to have paid had he not had a defective tenancy agreement.

Customer: replied 11 days ago.
Thanks for your response.
How can I do that?

I also have another issue with the landlord as he entered the property without our permission.
I sent him an email asking for an explanation and he said sorry, admitting entering the flat.
That is a breach of the tenancy agreement.

You will probably find that in the tenancy agreement he is entitled to enter on reasonable notice to inspect the condition of the property.

If he didn’t give you notice then it is a breach of the covenant for quiet you have to ask yourself what you want to do about it. You can always apply to court for an injunction to stop him doing it again but if it was only a one off, it’s probably not worth the trouble.

 

You need to write to him in the first instance advising him of what’s in the tenancy agreement and asking him where you can park under the terms of that agreement because you have been told by the council that there is no parking. Depending on what he comes back with, you will then be able to decide on the way forward.

Customer: replied 10 days ago.
In the past few days I asked him twice and he said that there is nothing he can do about it and I should speak to the council, which I did and they can’t do anything about it either.

After your message this morning, I sent him an email with the 5 points of the tenancy agreement I have sent you in my previous message. He just replied saying this:
“I have checked and you can park in one of the spaces in front of flat 1 for £190/month”.

This sounds suspicious to me now, why all of the sudden we have parking even though the council said it’s a car-free development?

You will not get parking based upon what you told me. Your claim is not against the local authority. It is against the landlord for giving you a tenancy agreement with parking when there isn’t any.

 

If you can indeed party in one of the spaces in front of the flat four GBP190 per month, then in by opinion he is obliged to pay you that money if it is not mentioned in the tenancy agreement that there was a charge.

I can’t comment on the “car free development” v car parking spaces” because I haven’t seen deeds the development the plans or anything else related to the property.

 

I would be obliged if you could use the rating service because in the way I helped you, that helps me by getting me paid. Thank you

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22828
Experience: Senior Partner at Berkson Wallace
Stuart J and other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thanks for your help