Intermediate rent tenancy agreement issues not resolved

[gemini_1]

Hello I was wondering if anyone could give me any advice regarding my issue below I apologise if this is long winded or written in the wrong area/website.

Just a bit of background I live in a intermediate rent property with the proviso that I will purchase this property within 5 yrs. I had to jump through hoops to get on this government scheme for this property such as I had to have a qualifying job, credit check, earn a stpulated minimum wage, have no pets CCJs etc.

The property came with two allocated parking spaces , clearly named in my tenancy agreement, and I was told that a parking enforcement company would be employed so if someone was parked in either space we could call them to issue penalties etc. Now since moving in I’ve found the property is a mix of intermediate rent and social housing, not that I believe there is a difference in social class, but we do pay a completely different price PCM(increased) and we are bound to buy this property.

I’ve been unable to use my car space since moving in as cars are constantly occupying my spaces in fact one car has been parked in my space for over 3 months and has yet to move! I’ve contacted the housing association and they have not resolved the matter and in fact have made it worse by stating the car parking enforcement company were not guaranteed as all tenants had to agree on this matter.

My question is; is my tenancy agreement a arguing point in being able to force the HA to do something in order to use either of my parking spaces, as I thought this was a legal binding document. Also as these parking spaces are what we are paying for am I able to demand a price change due to the fact im not able to use them?

Thank you very much for any information or advice you can forward

[stu007]

Hi gemini_1

 

Could you please let us know who your tenancy agreement is with please ie Housing Association or Private landlord so you can get the correct advice.

 

thanks

[gemini_1]

Its a housing association(william Sutton to be precise)

[Ed999]

The terms which the landlord agreed to are those set out in the tenancy agreement, so read it to see what it says about parking rights.

 

See a Solicitor for advice as to whether or not the contract terms do actually impose any binding legal obligation on the landlord in regard to parking rights, before taking any action whatsoever.

 

 

 

You must establish that you have a right - typically an exclusive right - to the use of a parking bay, before the question of enforcement will be considered by a court. If the issue is solely one of enforcement, there may be fewer legal problems though.

 

If the contract gives you an unconditional right to park a vehicle, then you can sue the landlord for any breach of contract: you can ask the court for an order for damages/compensation for past breaches; and perhaps for an order of specific performance, if appropriate, to compel the landlord to carry out positive acts that it has agreed in the contract to do, or alternatively for an injunction, if appropriate, to restrain it from doing those things which it has agreed not to do.

 

 

You will need evidence, more than simply your word, that someone is parking in your space/s: photographs are very helpful, and correspondence with the landlord, over a period of not less than a month, demonstrating its refusal to comply with the contract terms; plus keep a written diary of events throughout that period, detailing who parked in your space/s each day - if you have space/s that is/are exclusively yours - including in each instance a note of the registration number of the offending car. Be sure to submit a photocopy of the diary to the landlord before suing.

 

 

Additionally, or alternatively, it is possible - in theory! - to sue for a breach of a representation, whether made verbally or in writing, which was made with the intention of inducing you to enter into the contract. But it can be very difficult to satisfy a court that any such representation was made, if it was made verbally. And only a Solicitor could advise you as to the proper procedure, and prospects for success on that ground - if any.

Edited April 15, 2011 by Ed999

[stu007]

Hi gemini_1

 

Fully agree with Ed999 advice you must be certain you have exclusive us of said parking spaces.

 

Also please check their website under existing tenants and go to complaints and have a read if you think this pertails to you follow their procedure