Parking Space Dispute - Have I been naive?

Psychofrantic

Hi,

I picked up the keys to a rental flat this evening, and then drove there to unload some stuff. The flat is on the top floor of a three floor house (two other flats on the two other floors), and there is off-street space for three cars on the front of the house.

I was told by the estate agent that there was one parking space per flat, and so I had one allocating parking space. This was in fact my very first question regarding the property. If there was no allocated parking, I would have instantly dismissed the flat - I wouldn't have even viewed it. It was the first question I asked every estate agent regarding any flat, and it was the main priority for a place.

When I parked in "my space" this evening, I immediately met the resident of the bottom floor flat. She asked if I was aware that I wasn't allowed to park where I was, and that I had no parking space.

I moved some of my stuff in, and then was met by the person from the second floor flat. I asked about the parking space, and she said that it wasn't a parking space, as there is no dropped curb (hadn't noticed that before - thought it was odd as I pulled onto it tonight!), and parking there obstructs the front door.

I tried to contact the landlord, but he's not answering the phone. So I contacted the estate agent (just caught him before he went home), and he said that the landlord definitely told him that there was an allocated parking space, and that I should contact him. The estate agent still has my copy of the contract (he was getting it signed by the landlord), but I didn't check if parking was mentioned in the agreement.

I've been onto the land registry website, and bought the title register and plans for the property, and it does not show any parking space. My landlord only owns the flat on the 2nd floor of the house. The people living in the two downstairs flats own their own flats (I haven't seen the register plans for those though - I think I have enough evidence to suggest that they're likely speaking the truth?)

There was originally no formal description of the property, as I went to the estate agents just as he'd returned from his first visit of the property. I viewed it before they'd had chance to advertise it.

Looking at everything in hindsight, I think I've been taken for a mug here... it was only ever mentioned verbally, and there was no estate agents description to use as evidence. It'll be my word against theirs.

I know I'll have to speak to the landlord to see what he says, but I'm fairly sure that this is going to turn into a problem. I've left the landlord a voice message on his phone, and I'll try and get in contact with him tomorrow - but if (as I'm now expecting) he does suddenly deny the fact that a parking space was mentioned, and it doesn't turn out to be in the contract, is there anything I can do? I've signed a 12 month contract (with a 6 month break-clause).

What should I say to him and the estate agents? I'm fuming! Reading this all back, I can't believe I've been so naive! :mad:

evoke

Get even with the landlord using other means would be my advice. Sadly the law is an a$$ in this country and protects the wrong type of people.

Was there an advert for the flat that mentioned parking?

Wee_Willy_Harris

evoke wrote: »

Get even with the landlord using other means would be my advice. Sadly the law is an a$$ in this country and protects the wrong type of people.

Was there an advert for the flat that mentioned parking?

..........

Psychofrantic wrote: »

There was originally no formal description of the property, as I went to the estate agents just as he'd returned from his first visit of the property. I viewed it before they'd had chance to advertise it.

Psychofrantic wrote: »

.....it was only ever mentioned verbally, and there was no estate agents description to use as evidence. It'll be my word against theirs.

G_M

You have been misled. The contract was based on a misleading statement. It is legally void.

Having said that it is harder to prove, and to get practical recompense than it is to claim.

Put your complaint in WRITING to the landlord and cc the agent. Explain that the property does not meet the description in a material way and you will be vacating asap. Stay until you have a new place to go but do not pay any further rent. Change the locks (but keep the existing barrel to replace when you leave) just to protect yourself (from previous tenants, the agents/LL etc).

Have you somewhere else to go?

FLAPJACK

Had the same problem once when I moved into my first place, everyone told me that there was a parking space allocated. I soon found out (the hard way...nice neighbours!) that where I was told mine was infact wasn't.
And to be honest the Estate Agent blurb didn't mention allocated parking...but this can be construde as just a car park anyway...whether you have a particular spot in it is another case entirely.

I Contacted a Solicitor (not the one who had done the purchase for me...guessed he would argue he was right) who told me that this is a common problem.
Apparently the only way you definately have a space/s is if they are drawn on your deeds/land register and it was part of the purchase price. Also if the space (and others) are clearly marked with house number and lines... in the car park.

So unfortunately you may have stumbled upon the same situation....my argument to the neighbours was "If I don't have a allocated parking space...then neither do you" and that was verbatim from the solicitor.

I moved 9 months later...luckily doubled the price of the place too...1989. So stick with it!!

Londonsu

Sorry why do you actually NEED to park right outside your building.

Unless you are disabled can you not just park in the nearest space in your street and walk back

B_Blank

This is a common problem I see with flats I have looked at renting and buying all the time. I always ask the agents but you can see they dont have a clue because they are lazy BallSh!itters who think their terrible chat will sell/rent out any property.

I would always steer clear of such places unless I get wrriten confirmation of a parking space (if I am renting) or I get a look at the deeds to confrim there is a place (if I was going to buy). In both cases it would be essential the places are clearly numbered and set out. Nothing is worse, or more inflamitory than parking problems, I would sacrifice alot to have my own drive, which you never get with flats obviously. As such, flats are terrible - as well as being overpried (lol @ selling shoeboxes for £100k - its crazy!)

silvercar

May be worth checking online the planning permission for the flats. It could be that the PP specified a parking space for each flat.

It is not unheard of for the newbie resident to be manipulated by more longer term residents into thinking they do not have a right to a parking space when all that has happened is that existing occupants have laid claim ahead of you.

Meatballs

G_M wrote: »

You have been misled. The contract was based on a misleading statement. It is legally void.

Having said that it is harder to prove, and to get practical recompense than it is to claim.

Put your complaint in WRITING to the landlord and cc the agent. Explain that the property does not meet the description in a material way and you will be vacating asap. Stay until you have a new place to go but do not pay any further rent. Change the locks (but keep the existing barrel to replace when you leave) just to protect yourself (from previous tenants, the agents/LL etc).

Have you somewhere else to go?

IMO send an email to the estage agent/landlord a question about the parking space, they are more likely to talk about it informally, but still in a recorded form, and that gives evidence that they have mislead/made a mistake.

Then you can fire out the letters which they will be far more careful over.

F_T_Buyer

Why not check the plans for the other two flats? If that is similar to your rented place, no one is entitled to a space.

B_Blank

silvercar wrote: »

May be worth checking online the planning permission for the flats. It could be that the PP specified a parking space for each flat.

It is not unheard of for the newbie resident to be manipulated by more longer term residents into thinking they do not have a right to a parking space when all that has happened is that existing occupants have laid claim ahead of you.

yup, This is what I thought. Its very likely the current people just think they can say it is their spot. If, legally, the two spots are up for grabs then there is nothing they can do to stop you parking there.