Parking in private residents' car park

[lemonpinklady]

I wonder if anyone would be so kind as to give me their thoughts on this.

 

We are residents in a Housing Association flat although we rent it privately (and pay double the rent!) from a private landlord.

 

The flats have private residents' car park and my husband has 2 cars parked in it that are SORN'ed but the tax has run out.

 

The HA has now put notices on them that they have to be taxed or they will remove them by 17 November and we have no right to park on the land.

 

Is this true as we are residents?

 

We are waiting to get some money up together to get the cars sorted and back on the road or sell them.

 

The car park is very big and other residents can always get a space but someone may have complained.

 

Just really not clarification that we have no right to park SORN'ed cars in a private car park.

 

Many thanks.

[BRIGADIER2JCS]

I would think that the HA sees this as wrongful use of the carpark,

by storing cars on it that are on taxed or insured.

You need to contact the HA to find out their reasoning.

[padja]

it is the HA land, my personal opinion is try to speak to HA explaining situation and try to resolve the situation, as for legal implications I cant really advise

.

[BRIGADIER2JCS]

I have had a look at a couple of things on residential

car parks in general it seem there are restrictions on

storing untaxed and uninsured vehicles, check also with

your landlord and your tenancy agrrement.

[lemonpinklady]

OK thanks for your help, will check things out. Can they just take the cars away doe anyone know?

[BRIGADIER2JCS]

I would suspect that they can remove them

having given formal notice to you.

[green_and_mean]

Its a contractural matter and depends on the tennancy agreement they can if you are not meant to be there remove the vehicles after giving you adequate notice.

[dx100uk]

there have been a few threads like this before

 

as far as i can remember, as long as there is nothing stated in the T&C

then there is nothing they can do about them

and are just being picky.

 

there is no law as such, though, if the car park has non gated access i think you are outside the law as they should be insured?

as if they catch fire/or are torched, you are responsible for damage they cause?

 

if they are insure, i dont think there's nowt they can do about then

 

have a read around

 

you'll have to use the advanced search top right

 

dx

[green_and_mean]

Do you actually have a tennancy agreement if its sub let? Are they actually allowed to sub let?

[Al27]

Presumably the landlord has a lease for the flat? That should set out the rules of the car park.

[green_and_mean]

Presumably the landlord has a lease for the flat? That should set out the rules of the car park.

 

The 'landlord' has a lease the OP doesn't as its a HA property its probably against the tennancy to sub let anyway so if he kicks up a fuss he will probably get evicted along with his cars.

[lemonpinklady]

Just an update on this if anyone is interested. Contacted the HA and they refuse to budge on this, they extended the notice to 6 December for us though. Seems unbelievable someone can threaten to take away your property, but it seems they can. We want to repair the cars but are waiting for some compensation money which is just nearly at completion point (after 3 years!) but of course we don't know when exactly when it will come. Trying to get friends help to keep them till we can now. Thanks to everyone who posted.

[green_and_mean]

Seems unbelievable someone can threaten to take away your property, but it seems they can.

 

They are not taken away your property are they? They are asking you to remove two unroadworthy cars from THEIR property or they will be forced to do it themselves.

[sailor sam]

You also need to be aware that as the cars are SORN'd, they cannot be legally driven away unless you use trade plates.

[Surfer01]

Out of curiosity, if the cars have valid MOT and are insured, but SORN'ed would they still be able to insist on removal?

[grahamengineering]

In the eyes of the law, if the public have acces to the property and the car park then the cars must meet the same requirements as if they were on the road. The HA is being more than fair. They could if they want contact the local council, police or DVLA and have them removed straight away.

 

In all fairness your financial problems are no concern of the other residents who will likely not want to see old broken down cars parked in their street.

 

DX makes very good points of you would be financially responsible if one caught fire and damaged another persons car or worse still burnt down one of the properties.

[stu007]

Hi

 

what has most likely happened is you Landlord has bought the Flat from the Housing Association Only and not purchased any parking spaces. Therefore it does not entitle you as a Private tenant to the right to use the Housing Associations parking spaces.

 

You Really need to check your Tenancy Agreement from your Landlord as the parking space provide will be for the housing associations tenants use and not yours.