A question about planning permission, parking and tenancy

rav007

wealdroam wrote: »

Oh, I thought the OP was saying he knew he wasn't allowed to park on-site so found a street nearby, i.e. off-site, where there were no parking restrictions, so would not need to get a permit, and would therefore remain within the terms of the letting agreement.

This is exactly what I mean!

marliepanda

It looks as though this is something you need to speak to your landlord about as he is breaking the covenants (if they are legally sound) through you. The people enforcing these covenants (and many people seem to be involved) do not care what you were told, only that you are breaking it.

It may be your landlord owes you compensation and moving costs etc etc, but if the covenant is legal then you are breaking it (but on your info it's your landlords fault)

The planning permission may have been granted on the basîs that there was no increased traffic to the area due to infrastructure or something, which may be why the council are sitting up and taking notice of the issue of your legal parking.

marliepanda

If the council imposed these covenants and are in charge of enforcing them that is why you may be facing these eviction threats.

They won't be interested in your agreement, that's between you and your landlord.

wealdroam

marliepanda wrote: »

Thinking about it thought they can have no pets covenants, laminate floor covenants, so I suppose why is a car different to any of those other things. (More useful and 'necessary' I suppose, but still.)

But pets, flooring, etc directly affect the property being let.

Owning a car, or not, has no direct affect on the use of the property.

Similarly, if the prospective tenant owns a dog, but never allows it near the property, e.g. keeping it with parents somewhere else, they would not be breaking any 'no pets' agreement.

rav007

marliepanda wrote: »

If the council imposed these covenants and are in charge of enforcing them that is why you may be facing these eviction threats.

They won't be interested in your agreement, that's between you and your landlord.

Ok so now this has been clarified, my landlord is aware of the situation. As this was not stated initially in my contract and I inadvertently broke the law, does that mean I can obtain some kind of compensation from my landlord as they are the reason the law was broken?

Also does it seem reasonable for the local authorities to grant planning permission for a building with a "no cars" condition? I have checked planning permission powers of local authorities and only found a few that mention "planning permission needs to consider traffic, parking, etc if permission is granted" but nothing states that the local authorities may impose car ownership restrictions. This is also something I asked my landlord before paying my deposit and he knew I had a car and would bring it with me, he did not say I was not allowed to do so.

To clarify, there are 10 more students in the same position as I am, we brought our cars under the same circumstances.

rav007

wealdroam wrote: »

But pets, flooring, etc directly affect the property being let.

Owning a car, or not, has no direct affect on the use of the property.

Similarly, if the prospective tenant owns a dog, but never allows it near the property, e.g. keeping it with parents somewhere else, they would not be breaking any 'no pets' agreement.

Exactly my thought process! And even after much research I cannot find any information on planning permission conditions which allow the local authority the power to say "your tenants may not own a car" when applying for planning permission, which was my other question - can they legally do this?

baza52

Transfer ownership of the car to a family member and then you wont own it.
As long as its taxed and your insured to drive it and you park legally they surely cant say or do anything.

agrinnall

It sounds like your LL has made an error by not stipulating in the TA that you are not allowed to own a car while living in the property. I don't know whether any test case has ever come to court, but if the council tried to get you evicted I would have thought it unlikely that a judge would grant an order simply because of this, and if it did come to court I'd say you'd have a good case for claiming solicitors costs from your LL.

bris

Op the council may very well have granted planning permission with a covenant in place which prevents residents parking in neighbouring streets, to prevent these streets from overcrowding,this can be done.

What you really need is a solicitor who can get these details for you and look over all the relevent permissions, covenants will come up in any searches he makes.

bod1467

And between the 11 of you I'm sure you could come to some way to afford a solicitor to look into this.