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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, We are renting a property (a house with a separate car

Customer Question

Hello, We are renting a property (a house with a separate car parking space). The Car Park space is not owned by the landlord, but is rented by him, and effectively sub-let back to us. The Key for the car park was supplied to us together with the house keys by the agent.

The Car Park space has been withdrawn, by the owner, and we have had to move our car with subsequent extra costs (parking costs, insurance premium plus damage to the car in a public car park) and inconvenience.

We have given notice on the property and intend to vacate soon, but, we still have some months to run on the Tenancy agreement.

Does the withdrawal of the car park space mean that the landlord is in breech of contract? Or are we still technically liable to pay for the property until it is re-let?
Submitted: 4 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 4 years ago.

Does your tenancy agreement say anything about the car park or do you have a separate agreement for the car park?
Customer: replied 4 years ago.

Hello, no, it's not mentioned. We received the car park's key, from the agent, along with those of the house. And we pay a single rent payment, there is no separate accounting for the car park.

I have, since raising this question, learned that the reason the space was withdrawn was because of an accident we caused with the car causing some minor property damage (though this is being covered by an on-going insurance claim)

Expert:  UKSolicitorJA replied 4 years ago.
Thank you,

You could claim thatyou had an implied agreement for the use of the car park to run with your tenancy agreement even though there is nothing in writing about the use of the car park.

However, I am afrad the courts could say you were a mere licencee and that the car park privilege could be withdrawn at any time by the landlord.

You would be liable to pay rent up to the end date of the notice if you move out on or before the notice expires, or until it is re-let, if such re-letting is done before the end of your tenancy agreement.

Best thing would be to agree with your landlord on a cut off date by which time you will move out and up to which time you will pay rent e.g. you may agree to move out by 30th April 2014 and pay rent up tp 30th April 2014.

Hope this helps