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

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Comments

  • forgotmyname
    forgotmyname Posts: 32,944 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When my firm wanted to alter the contract it had bits i was unhappy with.

    I was told i could not ignore it, If i continue to work it would be deemed that i accepted the new contract even without signing it.
    I had to put it in writing that i was working under protest.

    Obviously this was an employment contract, BUT something you may want to look into.
    If they change the contract with 30 days notice. Are you accepting the new terms by continuing to live there?

    As mentioned it could be deemed to be blackmail. Or maybe them tightening up a contract which ommited terms they assumed were already in place?

    Maybe worth finding out though? Have a plan in place ready?

    They hand you the new terms, You smile and hand them the protest notice?
    Censorship Reigns Supreme in Troll City...

  • demonted
    demonted Posts: 190 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Where can I find out more about my rights?

    Registered housing associations have to provide a written tenancy agreement for all new tenants. It should say what kind of tenancy you have and explain your rights and responsibilities.
    The housing association can't normally make changes to it without your written consent.
    You should also check your tenants' handbook, because some housing associations give their tenants additional rights.


    http://m.england.shelter.org.uk/get_advice/renting_and_leasehold/housing_association_tenancies/assured_tenancies#
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    After reading this post the other day i read my daughters lease and she has a clause in their that says cars must be taxed.
    Be Alert..........Britain needs lerts.
  • demonted
    demonted Posts: 190 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    paddedjohn wrote: »
    After reading this post the other day i read my daughters lease and she has a clause in their that says cars must be taxed.

    Maybe so within your Daughters lease but it states no such thing within my tenancy agreement.
    It actually says very little in regard to use of the car park but it does state as a resident I can use the car park to park a car.
  • JagDriver
    JagDriver Posts: 108 Forumite
    Given the change as from 1st October, I wonder just how enforceable those clauses are.
  • rxbren
    rxbren Posts: 413 Forumite
    i wouldnt be surprised if the ha tries to force through a new agreement on their car parks
  • demonted
    demonted Posts: 190 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Still no action from my Housing Association in regard to my car being parked in a private Residents car park without a valid tax disc displayed.

    Some months ago, possibly during October/November 2012, the Housing Association stated the situation is now in the hands of their Solicitors.

    Then a few weeks later, I receive written notification that the Tort Notice had been cancelled and my car will not be removed.

    I've had no further correspondence from the Housing Association of from their Solicitors in regard to this issue.

    Shelter have stated that the Housing Association can not amend my existing Tenancy agreement without my agreement.
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    Thanks for the update. I told you that you'd be ok didn't I? :)
  • demonted
    demonted Posts: 190 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Yes, you most certainly did.
    Thanks
  • red_eye
    red_eye Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    demonted wrote: »
    I'm a Housing Association resident, my property is managed and owned by the Housing Association, I have been a resident!for at least 10yrs. During that time I have use the residents car park to park my car.!
    No terms or condition have ever been imposed and no signs displays any terms, other than " Private Car Park For Residents Only "

    When the Road Tax on my car expired at the end of July 2012,!
    I declared my car as SORN with DVLA.

    However, last week a notice was placed on my vehicle stating my car will be removed and disposed of at my expense if not Taxed or removed by myself by Thursday 11th Oct 2012.

    I have attempted to question this with the Housing Association, initially they claimed it is within my tenancy agreement, until I stated it wasn't, then they claimed its private land and the tenancy agreement doesn't include the car park or communal areas although I have permission to do so.

    I have since contacted the Police and Local Council, who both state the Housing Association can not move my car due to its lack of road tax, nor can they !force me to tax my car as the car park is private land and does not form part of the adopted highway.

    I have also obtained writing confirmation from the local Council that the car park does not form part of the adopted highway.

    However the Housing Association insist they will remove my car on or after Thursday if a valid Tax disc is not on display.

    Although some forum members may advice I should just tax my car, well that's not the point !

    At the moment due to long term illness I can't afford to do so.

    !Also, not so long ago, while residing at the same property I was rushed into hospital, where I remain there 3 months, when discharged, as I required assistance, I stayed at my then girlfriends house for a few weeks.
    On my return home, I discovered the road tax on that car had expired, however, on that occasion, a notice to remove or tax my car had not been issues.!
    While in hospital, I wasn't even aware the road tax had expired and the DVLA accepted my reasons and waived any penalties and I taxed that car.

    So, back to current predicament, imagine I had been in hospital again, notice to tax or remove car issues in my absence, I return home to find my car gone and a bill for removing it and possible storage cost ?

    Imagine I had injured my back or had broken my leg and for whatever reasons, unable to drive when conincidently the road tax expires. It's my believe most people would think, what's the point of taxing my car, I can't use it, !it's off the road in a private car park, I'll declare it has SORN with the DVLA.

    Well, thats is exactly what I have done.

    My car is currently parked neatly and appropriately, it is not causing an obstruction, nor is it an old wreck and looking unsightly.

    So, what powers does the Housing Association have to remove my car ?
    I'm not in a position to be able to !move my car elsewhere, I can't afford to store my car elsewhere either.
    how much is the car worth and is it insured?
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