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

forgotmyname

If its not in the current agreement then they need to whack themselves around the back of their heads with a telephone book or similar.

Expect new agreements in the near future with it added.

I know my sisters mentions it. And i know cars have been towed away. But i think that was a police thing. Not a carpark though, But a road with bays off it.

Although its all block paving. And the council wont repair the streetlights. So i do wonder now if its legally the highway?

I mentioned before my old firm had to install gates to show their land was not part of the highway and so didnt need to tax the forklifts and vehicles not being used.

demonted

Surely, if it's added in the future, it still won't form
part of my tenancy agreement, the one I signed nearly 10 yrs ago ?

If its included within new tenacies issued to new tenants, that still doesn't form part of my tenancy agreement.

Wouldn't I have to agree to any additions made to my original tenancy agreement ?

I find it hard to see how any amendment to my current tenancy can be made.

I signed the original agreement, its legally biding ?

Joe_Horner

demonted wrote: »

The notice issued is referred to as TORT (Interference with Goods)

So they've served notice under the Torts (Interference With Goods) Act 1977 http://www.legislation.gov.uk/ukpga/1977/32 . That's a standard way for a landlord to deal with property (not just cars) that they consider abandoned on their property.

If you've told them that it isn't abandoned then pretty sure they can't act under the notice and would have to proceed through court to get permission to move it. But it's early o'clock on a sunday and I'm on my way out to work so haven't got time to check.

Do they say what section the notice is being served under?

Hintza

Sounds as if the car is going to become a permanent feature in the car park and if the HA want rid of it they will be consulting their lawyers to find a way forward re. its removal or removal of the OP.

harveybobbles

If its not taxed, ie SORN'd then surely its not actaully "in use".

So the HA could technically say that the car is "stored" or "abandonded"?

HA could just want the car moved as they could see it as an eyesore?

Norman_Castle

The problem for the HA is if they allow your car to stay untaxed, how can they insist your car dealer neighbor doesn't fill the car park with untaxed cars. They need to be fair to all residents. I remember reading recently that landlords have removed cars in the past but have stopped doing this because of the legal implications. Untaxed cars may be considered as a nuisance by your HA and as such your landlord can apply to evict you. As a court is highly unlikely to evict you for having one, tidy, otherwise legal car in a parking space, the HA would be wrong to attempt this.

Out of interest, What HA is this?

molerat

Norman_Castle wrote: »

The problem for the HA is if they allow your car to stay untaxed, how can they insist your car dealer neighbor doesn't fill the car park with untaxed cars. They need to be fair to all residents. I remember reading recently that landlords have removed cars in the past but have stopped doing this because of the legal implications. Untaxed cars may be considered as a nuisance by your HA and as such your landlord can apply to evict you. As a court is highly unlikely to evict you for having one, tidy, otherwise legal car in a parking space, the HA would be wrong to attempt this.

Out of interest, What HA is this?

Undoubtedly carrying out a business would be in breach of the tenancy but they still could not remove the cars (and the tenant) without a court order. Unfortunately the new laws re car parking / clamping / removal which some PPCs etc have wanted is now coming back to bite them on the bum.

demonted

I fully support the HA reasons for clearing the car park of abondoned cars or exessive cars if causing a nuisance and owned by residents who are part time car dealers.
However, those are two very different reasons compared to my own situation.

I also support the removal of cars which can be regarded as an eyesore, deemed unsightly, although such cars, as long as displaying valid road tax, can remain.

For last 7 years, a huge, ugly and rusty brown skip has been placed on the car park for residents use. It's much more unsightly than my un taxed car, the HA dont see this as an eyesore, although it is currently surrounded by a settee, vacuum cleaner and fridge freezer, complete with door ?

My car is in reasonable condition for its age and is no difference in condition to any other car using the car park, in fact it is actually in better condition than some cars that frequent the car park.

However, whatever rule the HA wish to impose, they must have legal reason for doing so.

From the moment the HA have notified me, with the notice on my car, the telephone conversations that followed, they have never asked or given any explanation, just demanded "Tax your car or we'll remove it !"

As for statements with regard to eviction, the HA would have to serve a Notice to Quit and prove to a court that my actions are unreasonable and in some way breach the tanancy agreement, surely ?

No matter what I read on this forum, the HA are using a very heavy handed approach.
I've seen and heard them take a far must understand and kid gloved approach towards violent, drunken, drug using thugs who attempt to rule the estate by fear and intimidation !

Norman_Castle

As for statements with regard to eviction, the HA would have to serve a Notice to Quit and prove to a court that my actions are unreasonable and in some way breach the tanancy agreement, surely ?

Your untaxed car could be considered a nuisance which they would need to convince a court it is worthy of eviction. If the court agreed, which is highly unlikely, taxing your car would be accepted as removing the nuisance.
And don't call me Shirley

rxbren

could they go through vosa? who do have power to remove vehicles by saying its an unroadworthy vehicle dumped on their land
so in theory once the mot runs out and its still not taxed all they will have to say to vosa is its an abandoned car and they dont give permission for it to be there