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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 2nd August 2008, 01:48   #1 (permalink)
GeneralZod
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Default Problem with private parking space.

Six months ago I moved in to a new property with a parking space in a private car park within the walls of a new housing complex. I was very specific about needing a parking space near to the property so I could see my car to make sure if it was safe and so I didn't have to carry shopping too far. I had turned down one property with the same lettings company on the grounds that it did not have a parking space. They offered me a different flat and I was told that the parking space numbers corresponded to the flat numbers so I had space number X that was definately within the walls of the complex, so I accepted the flat.

Two weeks ago I found a letter on my car claiming I was in somebody elses space and asking me to move my car. I contacted the author of the note who told me that parking space X was his and that it even said so in his tenancy agreement. I checked my tennancy agreement and there was no reference to any parking space at all. I then recieved a notice from the management company (who manage the complex) asking me to move my car to the designated space for my flat, space Y. Unfortunately space Y is in a different car park some 300 yards outside the complex (which sits in the middle of the red light district, unsecure and out of sight from my flat.

To further compound the issue my car was declared SORN recently and so I cannot legally move it to space Y anyways without taxing and insuring it. I have contacted the lettings company twice, only to be told on both occasions that they would "get someone to call me back" but so far this has not happened.

The person who's supposed to be in space X is now starting to get angry at me as I have still not moved my car. He claims he has contacted my lettings company himself and was told that it was not their problem and that he has to sort it out with me. I have also received another letter from the management company saying that if I do not move my car immidiately then it will be towed away at my expense.

Does anybody know where I can go to get advice on this issue? I am particuarly annoyed with the lettings company who new full well that I would only agree to move in to the property if it came with one of the parking spaces INSIDE the complex (I wasn't even made aware there was a second car park outside the complex 300 yards down the street). Like I said I was very specific about this when I moved in and I only accepted the property because it came with parking space X.

Any help would be greatly appreciated.
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Old 2nd August 2008, 12:44   #2 (permalink)
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Default Re: Problem with private parking space.

Issue one is the current location of the car - you need to move it. You are parked on private property, and you have been requested to move the car. The management company are quite entitled to tow it and charge you. The letting agent cannot change this.

How has it taken 6 months for the other person to realise you are using their space?? How long was the fixed term of the tenancy when you moved in?
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Old 2nd August 2008, 15:40   #3 (permalink)
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Default Re: Problem with private parking space.

The fixed term was for six months. The complex is a brand new build and most of the apartments were empty when I moved in. I assume that this person has only just moved in.

I recieved a very angry call earlier today from the letting agent in response to the email I sent to him last night. They say that as I don't have it in writing that they had told me I had parking space X there's nothing I can do about it. I had a witness though as I viewed the property with a friend. Does that help?

I also asked for a parking permit when I moved in but never recieved one. I asked again a month later but again was told they would send it but they never did.

What consumer groups can protect me from companies saying one thing when I move in and then another thing six months later (it's actually more like five and a half months since I moved in)
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Old 2nd August 2008, 15:49   #4 (permalink)
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Default Re: Problem with private parking space.

Well what would you now like to get out of this situation? The issue is that it would appear that the letting agent has promised/sold something they were not in a position to do. Not saying this is right, but if what you want out of the situation is THAT parking space, then that is not going to happen, because the letting agent cannot make that happen. So....what do you want?
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Old 2nd August 2008, 15:51   #5 (permalink)
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Default Re: Problem with private parking space.

The fixed term was for six months. The complex is a brand new build and most of the apartments were empty when I moved in. I assume that this person has only just moved in.

I recieved a very angry call earlier today from the letting agent in response to the email I sent to him last night. They say that as I don't have it in writing that they had told me I had parking space X there's nothing I can do about it. I had a witness though as I viewed the property with a friend. Does that help?

I also asked for a parking permit when I moved in but never recieved one. I asked again a month later but again was told they would send it but they never did.

What consumer groups can protect me from companies saying one thing when I move in and then another thing six months later (it's actually more like five and a half months since I moved in)
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Old 2nd August 2008, 15:52   #6 (permalink)
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Default Re: Problem with private parking space.

Thanks for getting back to me so quickly.

The fixed term was for six months. The complex is a brand new build and most of the apartments were empty when I moved in. I assume that this person has only just moved in.

I recieved a very angry call earlier today from the letting agent in response to the email I sent to him last night. They say that as I don't have it in writing that they had told me I had parking space X there's nothing I can do about it. I had a witness though as I viewed the property with a friend. Does that help?

I also asked for a parking permit when I moved in but never recieved one. I asked again a month later but again was told they would send it but they never did.

What consumer groups can protect me from companies saying one thing when I move in and then another thing six months later (it's actually more like five and a half months since I moved in)
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Old 2nd August 2008, 16:16   #7 (permalink)
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Default Re: Problem with private parking space.

Thanks for getting back to me so quickly.

The fixed term was for six months. The complex is a brand new build and most of the apartments were empty when I moved in. I assume that this person has only just moved in.

I recieved a very angry call earlier today from the letting agent in response to the email I sent to him last night. They say that as I don't have it in writing that they had told me I had parking space X there's nothing I can do about it. I had a witness though as I viewed the property with a friend. Does that help?

I also asked for a parking permit when I moved in but never recieved one. I asked again a month later but again was told they would send it but they never did.

What consumer groups can protect me from companies saying one thing when I move in and then another thing six months later (it's actually more like five and a half months since I moved in)
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Old 2nd August 2008, 16:20   #8 (permalink)
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Default Re: Problem with private parking space.

Why same post 4 times???
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Old 2nd August 2008, 16:30   #9 (permalink)
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Default Re: Problem with private parking space.

I'll try and post this reply only once this time...

I would like;

The letting agent to pay to move my car (because I cant afford to tax and insure it and I dont see why I should break the law because "I feel" some company lied to me)

To terminate my tennancy A.S.A.P.

Appropriate action to be taken against the letting agent for false advertising.

I feel screwed over. I have to look for somewhere else to live now and pay for all the costs associated with moving. This can't be right. There must be somthing to stop companies behaving in this way. They mustv'e known they didn't own that parking space They said they did just to get me to move in.
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Old 2nd August 2008, 16:46   #10 (permalink)
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Default Re: Problem with private parking space.

OK then lets address this point by point:

- Movement of car. If you can prove that they offered the property on the basis of that specific space, then YES I agree that they should pay this. What you cannot do in this situation is wait for them to pay before you move it - you need to mitigate your loss, and therefore move it ASAP at minimum cost, and then claim that cost back.
- Terminate your tenancy - presumably you are now outside of your fixed term? If so, just give notice.
- What would you class as "appropriate action"? Do you mean some form of "punishment", or are you talking about compensation for yourself?

Are the agent a member of ARLA or the NAEA?
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Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

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