Car Park Deposit - Help needed!!!

KateDagley

Hi

Not sure if i'm in the right area to post this!!

I rented a car parking space where i lived and had to give a £50 deposit for the fob. I gave notice of 4 weeks, my last day parking there being 17.2.12, as I was moving home. The lady who emailed me said to post the fob etc back to her and I would get my deposit back.

I posted the fob etc back yesterday and she has emailed me today saying that as it has only just been recevied that they are charging me for the space up to when I sent the fob back, which means I'll get roughly £12 back.

When emailing askng about what notice I had to give etc and the date I was surrendering the space she did not mention that the fob had to be back by a certain date or this would happen. I would have sent them back sooner if I had known!!

It may only be £50 to some people, but its a months food shop for me!

Can anyone advise as to where I stand with this??

colino

I don't see the problem with this, the landlord is entitled to presume the parking space is in use, and chargeable, until they get control of it (the fob) back.

KateDagley

But the property has been empty and I've been living a good 15 miles away. I dont understand why she didn't say in the email that I had to return them by a certain date.. £50 is nothing to Urban Splash

USM

Presumably it could be argued that you were still using it and/or others were unable to use it if you still had the fob.

kazwookie

What does your contract for the space say, regarding termination and leaving?

Sgt_Pepper_2

colino wrote: »

I don't see the problem with this, the landlord is entitled to presume the parking space is in use, and chargeable, until they get control of it (the fob) back.

You kept the fob so could have used it at any time.

KateDagley

Nothing in the contract, it just states 4 weeks notice

colino

I will bet it also has clauses about return of keys in good time as well as the notice period.

give_them_FA

So when were you asked for the return of the key, and when did you respond to the request? And what does it say in the contract about returning the key? I take it that is what you mean by "fob"?

If it is the key I would have thought it obvious that cancellation would involve the return of the key (you would not move out of a rented flat and keep the key?) but I presume the lady who let you the space would have had a duplicate. So your failure to return it wouldn't have prejudiced their ability to re-let the space?

I don't agree with the "you could have used it" argument, it's whether you DID use it that counts. If you made a copy of the key you still "could have used" the space but that wouldn't be a basis for witholding your deposit.

victor2

I don't suppose you kept the house keys for a few weeks after you moved out?
May have been a little breakdown in communications, but it does sound like your mistake and unfortunately your loss. The landlord doubtless has a spare key, but they could hardly rent the space out again knowing the previous user still has the key.

JQ.

The landlord sounds perfectly reasonable to me. Why did you not give the fob back on the 17th?