Unfair rent for parking

[andy_vip]

Hi guys and girls,

 

My partner and I moved into a property on 27th April. The flat is in a block of four which use to be a stable block. It's located in a mews block just off a fairly busy terraced road. We both liked it because it's so different to everything in the area.

 

However, when we were looking at properties we stressed to the letting agencies we were looking for places that had either own parking, or allocated street parking, as I need to drive for work. It also had to be quiet, also due to the nature and hours of my work.

 

When we were shown around this property, one of the other tenants had his car parked in the mews area, and the agent told us that we would also be able to park there. So we signed on the line.

 

When we moved in and met the landlords they told us that they would prefer us not to park there for the time being because they were still doing up one of the flats, and required access, also to a commercial property they own on the other side of the mews. That was fine for us, there are spaces on the road unless you get back late at night and it's just outside of the zone where you require a permit. So, fine.

 

Now, 2 months after moving in, they have rung me and said that if I want to park my car in the mews area that would be fine, at a cost of £25 extra a month! Oh, and that if we don't pay, she will rent out the space to one of the neighbours anyway. (They have now finished the other flat).

 

Now firstly, I don't think it is right that they should be allowed to add this cost onto us after 2 months of being in the flat, and also, if we say no, I don't really want someone we don't know parking outside the flat, slamming car doors at all times, when I have to be up at 4am, or need to lie in because I got back in the middle of the night.

 

I'd like to know where we actually stand. I feel the letting agency misled us, and also the landlords did by not telling us straight away that we would eventually have to pay. My partner and I are very disappointed over the situation and actually don't feel like we want to live here anymore.

 

What advice would anyone give? Do we have any legal standing?

 

I look forward to your replies.

 

A

[Steve__M]

Unfortunately, I understand that verbal promises do not form part of the tenancy contract. You need to check your tenancy to see what it says about parking.

 

It does seem cheeky, though and you might just want to see what happens if you insist on your "moral" right, and keep parking there, always bearing in mind that you may not be able to renew your tenancy.

 

Watch out for clamping signs though!

[lawdoctor]

"Moral" right's hold no force in law.

 

Lawdoctor.

[Steve__M]

Nor do you

[lawdoctor]

Ha Ha agreed, the penny is starting to drop with you I think!!

 

Lawdoctor.

[Steve__M]

The penny never left my wallet.

[lawdoctor]

So that is where you keep your brain must be a very big wallet-- in your eyes of course

 

Lawdoctor.

[Surfer01]

Does the lease say anything about parking? If it includes parking then you will not be obliged to pay, however if there is not refernce to parking whatsoever then a bit tricky.

Maybe the letting agents were not made ware of the cost so have a word with them in the first instance.

Should you refuse to pay the £25 and continued to park on the private land, I am unsure of the consequences and the legalities as the landlord would have to go to court to prove how they were deprived of usage of the land. As you are paying rent for the flat, this may be a bit tricky for the LL and for the cost of £300 pa, the LL may decide it is not worth the bother. However there is a get out clause in that the LL never mentioned to you about a monthly £25 fee for parking on the property until a later stage, i.e. 2 months later whereasa prior to that they had plenty of opportunity to advise you that when the flat was complete a fee of £25 woud be incurred. You probably have a stronger case for rejection than the LL has to implement it. Not sure if it is a way out of your tenancy contract though.

The word "Greed" springs to mind.

[andy_vip]

Hi and thanks for the replies. I understand we have no leg to stand on. However it gets worse. We have just had an application for planning permission through the post for the landlords to convert the opposite derelict commercial property into a block of 5 flats! The main reason we moved here was for peace and quiet and privacy. We're now worried about the noise during thr works, and looking at the plans, when thr conversion is complete they'll be able to look right into our bedroom and living room.

 

How does this stand up for our contract? Do you think we will be able to leave earlier than the 1 year stated? Really not happy about this.

[xoAmyox]

I think this new turn may in fact give you some leverage over the landlord. IIRC you can complain against/appeal any application for planning permission and the council must take this into consideration when deciding if it is to be approved.

 

If your LL thinks you may complain, he may be very keen to let you go early!