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Joy Nicholas
Joy Nicholas, Lawyer
Category: Property Law
Satisfied Customers: 1891
Experience:  Lawyer
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My tenancy agreement does not mention parking permit

Customer Question

My tenancy agreement does not mention parking permit restrictions and my council website states that it is the landlord's responsibility to make tenants aware of this restriction when a property is rented. I need a parking permit and was not made aware of this restriction before moving in. Do I have grounds to break the contract?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the property located?
Customer: London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Location is London, Hammersmith and Fulham Council
Submitted: 8 days ago.
Category: Property Law
Expert:  Joy Nicholas replied 8 days ago.
Hi, thank you for your message. My name is***** and I am very sorry to hear about your situation. I hope my answer can help you today. Can I confirm was parking a requirement when you moved in?
Customer: replied 8 days ago.
A requirement for me yes but I had not explicitly said that it was
Expert:  Joy Nicholas replied 8 days ago.

Hi, thank you for your message. If you made a specific requirement for parking when you moved in you would have a stronger case. However, that alone is not a good enough reason to claim breach of contract. Unless you can show that is was an absolute necessity and you made this known to the landlord and therefore the landlord is in breach of contract. A breach of contract occurs when one or more of the parties fails to perform their duties as stipulated within that contract. You can read more about breach of contract here: https://www.butterworths-solicitors.co.uk/breach-of-contract-what-is-it-and-how-to-enforce/ You may however, write a letter to the landlord setting out your claim, explain their duty to make you aware of the parking restriction and ask that the contract is ended on this ground. If the landlord does not agree you can end the tenancy in accordance with the contract. If you would like to make a breach of contract claim or challenge the contract I would advise that you find a solicitor in your area to represent you.

The solicitor will be able to weigh all the evidence before them and help you build a strong case. You can find a solicitor by using the law society find a solicitor link here: https://solicitors.lawsociety.org.uk/ You will be able to search by specialism and also town or postcode to find one near you. You may qualify for legal aid if you have low income and want to take the case to court. You can check if you can get legal aid here: https://www.gov.uk/check-legal-aid. You can find a legal aid solicitor by using this link: https://find-legal-advice.justice.gov.uk/. Legal aid is free assistance to people who cannot afford to pay legal fees such as legal advice and proceedings. You could also visit your local Citizens Advice Bureau (CAB) ( For more information please visit: https://www.citizensadvice.org.uk/). CAB’s are accessible in different areas in the country providing free legal advice to individuals who cannot afford this. You can contact them by phone to book a face to face appointment. They may also be able to provide phone appointments. Moreover, you might be able to find a pro bono lawyer by attending/contacting a LawWorks Clinic. A probono lawyer is a free lawyer. The LawWorks Clinics Network is a network of free legal advice sessions that LawWorks (the Solicitors Pro Bono Group) supports. For more information and to find a network near you please visit the following website: https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you. I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

Expert:  Joy Nicholas replied 8 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!