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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.
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
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.
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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.
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.
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.
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