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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23722
Experience:  Senior Partner at Berkson Wallace
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My daughter is disabled, lives in a a flat L&Q housing

Customer Question

My daughter is disabled, lives in a a flat L&Q housing association. She moved in September 2019. She did an exchange, the flat has no parking, her flat is the only one without a space. I have contacted them and have been told she is not entitled to a space. I have gone through the tenants agreement it does not state anything about specific parking. Outside in the parking area the notice says parking for L&Q residents. Have been told by other residents tenants just decided amongst themselves who has what space. L&Q estate manager.e saying tenants paid £10.000 for they’re spaces. Other tenants have told me this is not true. She has just been awarded mobility allowance and will be getting a car. She needs to be able to park outside her flat so she can have some normality. Hope you can advise me if there is anything or anyone can help.
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: No, just telephone conversations
JA: Have they talked to a lawyer about this?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
File attached (T6STM2G)
Customer: replied 13 days ago.
There is nothing in the tenancy agreement about parking allocation. Other neighbours have said nothing in there agreements.
Customer: replied 13 days ago.
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Customer: replied 13 days ago.
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Expert:  Stuart J replied 13 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Did your daughter ask about the parking provision before she moved?

and its on an ad hoc basis? how many flats and how many spaces?

Customer: replied 13 days ago.
Hello. There is 19 Spaces, some of them are allocated to owners of the flats. I have spoke to the association, who says as far as she can see only 3 spaces are for rental properties. I am still trying to find out why the tenants who rent from L&Q. Who have told my daughter the claimed the spaces when they moved in 6 years ago. The tenant my daughter exchanged with did not need a space because she didn’t drive.
Expert:  Stuart J replied 13 days ago.

5.2 seems clear enough.  There are clear parking areas but it’s first come first served.

It seems remarkably odd but all the other flats have a space but hers doesn’t.

It also seems remarkably odd that the residents have said they decide amongst themselves who has what (first come first served?)  Whereas the estate manager is saying that tenants paid 10 grand for the spaces but all the tenant’s have said they don’t.

All the other tenancy agreements are the same as hers, then in my opinion it’s a first come first served basis.

I think you need to write back to the housing association and raise all these queries with them and tell them that unless they can confirm that parking is first come first served, and that nobody actually pays any money towards the spaces, and explain why they have said people do when the tenants have said they don’t, she will refer the matter to the Housing Ombudsman.

Don’t try to deal with this on the telephone, you need a paper trail.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards