URGENT Housing Association, threaten to remove my car from residents car park

TrickyWicky

demonted wrote: »

Within the tenancy its briefly stated I have right to use the car park to park a car, there is no mention in regard to the car having to be taxed.

NBLondon wrote: »

Many times? I had to hunt to find it in amongst all the ranting about "What right does the HA have?"

Seriously, you had to hunt? - It was in post #9, the ops first reply to his own thread and yes, it was on page ONE!

I wouldn't call that hunting. You either need to visit specsavers or stop skim reading so fast because I found it in less than a minute.

demonted

No news have yet.

The Tort Notice expires today.

When all this first occurred, I notified all relevant dept of the HA, in writing via email, stating that my car has NOT been abandoned and they do not have permission to remove my car. I also placed a notice on my car.

I have also stated, that should my car be removed without my permission, I will hold the HA liable for any damage caused and liable for any cost incurred due to its removal, storage and safe return.

After making numerous calls and sending emails since Monday, the HA finally replied yesterday to say it was in the hands of their legal dept.

TrickyWicky

Thanks for the update, with any sense they'll see they've made a blunder.

forgotmyname

It should be a case of be made a blunder and a lesson for future agreements.

Possibly a change to the current one. Which i think you agree to by staying at the property. Is that right???

Can they add these terms with a reasonable notice period then act upon it?

demonted

Some people seem to forget that a tenancy agreement is a contract.

However, the road tax clause is not apparent and I'm certain that any changes to the tenancy agreement have to be agreed with myself.

Otherwise, any tenancy agreement could be written to look absolutely wonderful prior to signing and once signed, changes made without a tenants knowledge and a clause such as this crops up or any other clause that's not included in the original tenancy agreement only when such a situation arises.

I can't be legal, to add clauses within a tenancy agreement by stating that continuing to live there, tenants are accepting of any such clauses, as most tenants, like myself are not in a position to move.

I've been priced out of the private rental market, the rent on my current home is less than a room in a shared house.

Yet any rent increase are stated withing my tenancy.

As for clauses being added without my knowledge, I could return home one day to find the HA have move a Romainian family into my home and by my continuing to live there, I accept such change !

demonted

If you mean that an amendment to the tenancy has been made and by continuing to live there, makes me accepting of such changes, personally I don't think that is possibly, in my opinion, it's as good as blackmail.

However, it that was so, why haven't the HA used such an amendment as reasons for their demands and actions.

After all, if that was so, surely it would have been far better to write to me, explaining and including a copy of the amended clause rather than just attach an abandoned property notice on my car ?

demonted

UPDATE !

If of interest to anyone ?

I received a letter from the Housing Association, stating they will not be attempting to remove my car from the residents car park.

Although the situation is currently in the hands of their Solicitors and I will be notified of the outcome.

TrickyWicky

demonted wrote: »

UPDATE !

If of interest to anyone ?

I received a letter from the Housing Association, stating they will not be attempting to remove my car from the residents car park.

Although the situation is currently in the hands of their Solicitors and I will be notified of the outcome.

Thats good news demonted and I'm very pleased to hear it!

The solicitors thing is their way of saying "We're still trying to scare you / bully you into getting rid of it somehow" but for the time being I wouldn't worry about it. I doubt their solicitors will come up with much to be honest and even if they do the 'outcome' isn't actually their decision. The solicitors can't make you do anything - only a court can :rotfl: :T

RegWorts

demonted wrote: »

UPDATE !

If of interest to anyone ?

I received a letter from the Housing Association, stating they will not be attempting to remove my car from the residents car park.

Although the situation is currently in the hands of their Solicitors and I will be notified of the outcome.

Well done for sticking with it.

That`s the name of the game with this type of argument with these authorities.

The chances are it`s a HA junior manager being a jobsworth and eventually discovering that his/her opinion of a situation will not stand up in law.

Well done !

Strider590

demonted wrote: »

However, the road tax clause is not apparent and I'm certain that any changes to the tenancy agreement have to be agreed with myself.

It's not apparent because "road tax" does not exist, it's was abolished in 1936 by Winston Churchill. If they did add such a clause they wouldn't have a legal leg to stand on.

Keep this one under your hat, i'd be a f*cking gem to use in a court of law