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Parking Space Dispute


agowinuk

Who's responsibility is it to provide alternative parking?  

6 members have voted

  1. 1. Who's responsibility is it to provide alternative parking?

    • Landlord
    • Letting Agency
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    • Development
      0
    • Tenant


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Hi,

I'm a tenant, but I'm posting this on the Landlords forum as I believe it could be of more use to more people here.

The flat I rent includes a parking space, the ownership of which, as of yesterday, in in dispute. The building Development Manager has been shown Completion of Sale documents from the owner of another flat in the building which states that they are the owners of the parking space. I'm not blaming anyone because these things happen and it is not the fault of my Landlord or Lettings Agency, I assume the blame lies with the building developers' legal teams (Barrats). My question is this:

While my Landlord and the other flat owners solicitors work out who owns what, where do I park and who pays for it if it comes at a cost, which it may well do? Should it be my Landlord, the Lettings Agency, or someone else? What is an acceptable cost to pass on if I can't find local off-street parking?

My initial thoughts are that the Larndlord should pay and reclaim the cost as part of a court action against the people who mis-sold him the space (if that's what's decided), but I'm not sure what part the Letting Agency play in this, whether they are responsible for the provision. I do after all have to go through them whenever I need any maintanence to be carried out on the property.

Has anyone got any thoughts?

Thanks in advance

Andy

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The way i see it is you rented a property with parking which you now havent got. Find out what your options are to park else where and if there is a cost involved request a reduction on the rent you pay. Also take in to consideration distance and any extra insurance costs you may have because you may have had a discount for off road parking.

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Guest caravanj

Hi,

I'm a tenant, but I'm posting this on the Landlords forum as I believe it could be of more use to more people here.

The flat I rent includes a parking space, the ownership of which, as of yesterday, in in dispute. The building Development Manager has been shown Completion of Sale documents from the owner of another flat in the building which states that they are the owners of the parking space. I'm not blaming anyone because these things happen and it is not the fault of my Landlord or Lettings Agency, I assume the blame lies with the building developers' legal teams (Barrats). My question is this:

While my Landlord and the other flat owners solicitors work out who owns what, where do I park and who pays for it if it comes at a cost, which it may well do? Should it be my Landlord, the Lettings Agency, or someone else? What is an acceptable cost to pass on if I can't find local off-street parking?

My initial thoughts are that the Larndlord should pay and reclaim the cost as part of a court action against the people who mis-sold him the space (if that's what's decided), but I'm not sure what part the Letting Agency play in this, whether they are responsible for the provision. I do after all have to go through them whenever I need any maintanence to be carried out on the property.

Has anyone got any thoughts?

Thanks in advance

Andy

This is odd because e.g.20 flats usually = 20 parking places, especially with new developements where it's a planning requirement for each flat to have a parking space & allocated parking is part of the purchase of the property, not a separate purchase.

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If you took the tenancy on the understanding that allocated parking was in that agreement and was a determining factor in you renting the flat then because of the situation you find yourself in the Landlord must either:

A. Provide you with alternative parking or

B. Reduce the rent accordingly until the matter is resolved.

Of course, if there is alternative free parking close by (you don't mention whether this is available)then it is hoped you don't make an awkward situation worse whilst the legal wrangle is being sorted out which of course I am sure it will be in double quick time.

The LA can only act on the instructions of the Landlord in this case imo.

Mel.

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Thank you all for your comments.

Whatever happens, I will be trying to keep costs to a minimum, purely for practical reasons: a) I can't afford te initial outlay for parking fees without a guarunteed refund and B) If it costs too much to refund me, the Landlord (if it turns into his responsibility) will simply give me my months notice and re-rent the property for the same price, offering no parking space. I really am trying to be as reasonable as possible. My problem is that I live slap bang in the centre of town with the only free parking being at least a mile away, off-street.

CaravanJ, the development wasn't built with enough parking spaces. The spaces were sold seperately on a first come, first serve basis. What makes this doubley inconvenient for my Landlord, is that the flat I live in is a 2 bed apartment, which you would expect to have a minimum of one parking space.

If I can't find alternative parking, what do you all think might be a reasonable rent reduction? I pay £1,050pcm for a 2 bed flat. The local parking is around £10 per day.

Many Thanks

Andy

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I take a different view on this. You have a contract which says you have a park space so, continue to park in that space. Let the owners take action thru the courts. It will take them months to resolve this dispute as I suspect the same park space has been sold TWICE.

If your landlord or his agent asks you NOT to park in the space then advise them that compliance with that request comes at a price.........the cost of alternative parking. Until that is provided to you park in that space that is supported by the contract.

Its really not your problem......let everyone else sort it out.

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I do sort of agree with that also but you could get into situation where you get into a battle with the "rightful" owner and you will never know if you have a parking space until you pull in as the other party may have and if so you will have to drive around to find another.

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Guest caravanj

Thank you all for your comments.

Whatever happens, I will be trying to keep costs to a minimum, purely for practical reasons: a) I can't afford te initial outlay for parking fees without a guarunteed refund and B) If it costs too much to refund me, the Landlord (if it turns into his responsibility) will simply give me my months notice and re-rent the property for the same price, offering no parking space. I really am trying to be as reasonable as possible. My problem is that I live slap bang in the centre of town with the only free parking being at least a mile away, off-street.

CaravanJ, the development wasn't built with enough parking spaces. The spaces were sold seperately on a first come, first serve basis. What makes this doubley inconvenient for my Landlord, is that the flat I live in is a 2 bed apartment, which you would expect to have a minimum of one parking space.

If I can't find alternative parking, what do you all think might be a reasonable rent reduction? I pay £1,050pcm for a 2 bed flat. The local parking is around £10 per day.

Many Thanks

Andy

In these circumstances I'd be looking to rent somewhere else since this has the making s of a legal battle lasting many months or longer with law suits, counter suits etc.

Every time you drive out you'll never know whether you'll be able to park when you return.

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