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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 857
Experience:  Experienced solicitor
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I am a tenant of a housing association and I have been told

Customer Question

Hi
I am a tenant of a housing association and I have been told to move my vehicle away from my neighbours garden even though it is parked within my allocated parking areas the housing are saying if I don't move it away from there garden they will get a court injunction on the car and have it removed. The tenancy clearly states that they are my allocated spots and is clearly highlighted in the housing plans. The car is not preventing them from entering the garden. There is atleast a 4 foot gap next the parking area which they can enter it.Thanks for any advice you could give meKind-RegardsMr Haslam
Submitted: 4 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 4 months ago.

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

I am assuming the injunction threat has come in writing. Have you replied to the HA pointing out their error and if so what has been their response.

Customer: replied 4 months ago.
The housing have visited me and told me that's what they would do if I don't move it away from there property and are fully aware that they are my allocated parking areas but still telling me to move it over.
Expert:  LondonlawyerJ replied 4 months ago.

If you have a legal right to park there I fail to say what they can do about it.

How is your legal parking right enshrined is it as part of your tenancy agreement with your parking slot described or is it in some other document? In order to justify the cost and effort of getting an injunction they would need to show that there was harm being caused. Have they said you are causing any and if so what?

Customer: replied 4 months ago.
Hi we have this in writing from the housing that these are our parking areas with a copy of the original architects drawing showing our parking spaces highlighted with our house number on. The tenancy agreement just says that no one should park there cars anywhere in the locality surrounding the premises accept in those areas specifically designed for suitable parking, which my 2 marked parking bays would be classed as suitable for parking. They are saying basically that I am being very un neighbourly by not moving my car further away so.
Expert:  LondonlawyerJ replied 4 months ago.

I think the original architects drawings are likely not to be binding unless included in the tenancy agreement. What the architect intended is not always reflected in the actual living arrangements. However the architect's view is likely to be relevant to whether It sounds like there is a general right to park where ever you want as long as you are in a parking space.

Unless there is some special issue, eg. you are parking a van or minibus towering over their home or the neighbour is disabled and needs the closest spot I can't see any action the HA can take against you.