Parking Breaching Tenancy Agreement

[neomayemer]

Hello,

 

I am looking for some advice on a recent issue which has come up with my landlord. I hope this is in the right area as it is a dispute with a private landlord instigated by the local council.

 

I am a resident in Loughborough (Charnwod council) living in a block of student flats. I am a PhD student and really require a car as I am currently driving ~100 miles/day.

 

I have received notice from my landlord that they have been approached by the council regarding parking violations. They have apparently photographed my vehicle parked outside my flats, and on two neighbouring streets.

With regards to the outside flats parking, I did not even think this would be enforced by the local council given its private security firm signs present. In addition to this, I was told by the management that as long as this was after hours, i.e. after 5pm and gone before 9am, he didn’t really mind. I have kept to this and moved it to a street if it was within this time.

With regards to on the street parking, this is in a residential area with no signs or road markings displayed. There are many cars parked here but still plenty of stretches to accommodate more cars, i.e. any resident wouldn’t be parking more than a few metres from his/her house. Certainly not a packed parking area, indeed there are far fewer parked cars than open space. I am a resident of the area as much as anyone else and feel that they are penalising me unfairly.

They allege that I have violated terms of my agreement through parking here. My questions are: -

Can the council actually enforce this through the landlord?

Is this fair and should the accommodation provide parking in some way shape or form?

I look forward to your answers.

Thanks

 

The tenancy terms: -

 

1. In addition to the aforementioned terms the Tenant covenants not to bring and or use within the Town of Loughborough any Vehicle which is within their immediate ownership and custody or immediate control unless one of the following exceptions applies:

(a) The Tenant has use of an Identified Parking Space being a parking space agreed by the Landlord in conjunction with Charnwood Borough Council, the location of which has been notified in writing by the Landlord to the Tenant.

(b) The vehicle is only being used for delivery and/or goods belonging to the Tenant at the beginning of this tenancy or the removal of the Tenant’s possessions and/or goods at the end of tenancy.

© The Vehicle falls within the category of Exempt Vehicles.

The email regarding the violation is as follows: -

 

I am investigating the above allegation which was recently received by the Council. I have photographs in my possession of [make], [registration number], which was parked as follows:

 

· 16 April 2012 – on [road]

 

· 21 April 2012 – in the [car park]

 

· 27 April 2012 – on [road]

 

The Council has on file a vehicle declaration form signed by [name], a tenant of yours in [address], stating that it is his vehicle and that it will be parked on the university campus when not in use.

 

[name] has clearly breached his tenancy agreement on the three occasions above. In accordance with clause 3.2.5 of the section 106 agreement, the Council now requires you to take action against [name] to prevent similar breaches occurring in the future and to report what action you have taken within the next fourteen days.

[Jamberson]

It does seem to me that you are bound by an agreement not to bring a car there, and that you are doing that. I think your landlord is within his/her rights to ask you to stop.

 

Although it might seem meaningless to make you stop, many residential developments are "car-free" and this is stipulated as a condition of the building being used. Therefore, the landlord is quite possibly risking trouble themselves if they do not enforce that condition on the residents.

 

This could be why the council is involved. The fact is they have asked the landlord to get you to stop, and I think you will have to, or continue to be in breach of contract with the risks of what might ensue.

[neomayemer]

It does seem to me that you are bound by an agreement not to bring a car there, and that you are doing that. I think your landlord is within his/her rights to ask you to stop.

 

Although it might seem meaningless to make you stop, many residential developments are "car-free" and this is stipulated as a condition of the building being used. Therefore, the landlord is quite possibly risking trouble themselves if they do not enforce that condition on the residents.

 

This could be why the council is involved. The fact is they have asked the landlord to get you to stop, and I think you will have to, or continue to be in breach of contract with the risks of what might ensue.

 

 

Id just like to point out there are other cars parked on these roads.

[Sidewinder]

Id just like to point out there are other cars parked on these roads.

 

And do you know whether those vehicles are also breaching the regulations? For example are any of them permitted due to having an Identified Parking Space, are they exempted under Clause c)?

 

It may be the case that the keepers of those vehicles have also received similar notices to yours?

[Jamberson]

If they are in the same situation as you and are parking with impunity (and that's only an "if"), you may well wonder why you have been singled out. Probably some nosey neighbour type has reported it - I don't know. What I do know is that the existence of other cars there does not put you in the right according to the agreement - as far as I can see. Do you see things differently?

[neomayemer]

And do you know whether those vehicles are also breaching the regulations? For example are any of them permitted due to having an Identified Parking Space, are they exempted under Clause c)?

 

It may be the case that the keepers of those vehicles have also received similar notices to yours?

 

I think some are residents of the streets. I am honestly not sure. It seems odd the planning authority would be enforcing it without any signage on what appears to be a public highway.

Edited May 1, 2012 by neomayemer
Spelling/formatting errors

[neomayemer]

If they are in the same situation as you and are parking with impunity (and that's only an "if"), you may well wonder why you have been singled out. Probably some nosey neighbour type has reported it - I don't know. What I do know is that the existence of other cars there does not put you in the right according to the agreement - as far as I can see. Do you see things differently?

 

Do you have any idea why this clause would have been in the terms in the first place? I can see I have broken the contract (although I am not sure they have the paperwork they think they do and it is correctly signed). Is this reasonable though given it would in theory not allow pick up and drop off except at specified points during the year for example.

 

To be honest I want to know there thinking behind it.Where I work we were told to park in a residential street and there I am glad I am gone before residents come home as it is busy and will likely inconvenience someone, in this situation however, the parking is much sparser.

[Jamberson]

My guess is that in order to get permission to build or use this building as a student residence, it had to be classified as car-free. Councils do this in order that new residents coming in will not impact on traffic congestion and parking pressures.

 

If that's right, then there has to be a mechnism to ensure tenants do not bring cars into the area, and in your contract it states "not to bring and or use within the Town of Loughborough any Vehicle..." which smacks of just such a scheme.

 

You could ask the landlord/council what the rationale is, but I'll bet that's the answer.

[neomayemer]

The thing is there is a carpark with easily 10 spaces, maybe more at a push. It sits empty. Is there any chance they could be encouraged to give or sell permits?

Edited May 1, 2012 by neomayemer

[Jamberson]

There's more to it than you having a permit. The contract is worded so that you can't have a car at all - it's not merely a parking issue. It's the terms of the contract which are your main hurdle.