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Can my landlord force me to buy a parking permit?

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  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Once you pay you accept the contractual offer, hence why they require a payment.
    I do Contracts, all day every day.
  • elvralia
    elvralia Posts: 9 Forumite
    edited 7 March 2016 at 10:44AM
    7.6.4 "The Premises" will include any parts or all of the Premises that the tenant is entitled to use within this agreement, and cartilage of the same, together with the garden, garage and parking space (if Applicable), but excluding (add any parts excluded from tenancy)

    ^ that's all the tenancy agreement explicitly says about parking.



    So the block of flats was recently built by a property developer. All of the flats are managed by one estate agent. I believe the flats themselves have been sold off to different landlords, and we rent from one of these landlords (via the estate agent). It is the estate agent who are telling me I need to pay this charge.

    They have been pretty horrible since we moved in. A few months ago they decided they wanted to re-paint the car park lines, so they put a letter through our door saying that all cars had to be gone by 9am the next morning so that they could repaint the car park or they would be towed away.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    elvralia wrote: »
    7.6.4 "The Premises" will include any parts or all of the Premises that the tenant is entitled to use within this agreement, and cartilage of the same, together with the garden, garage and parking space (if Applicable), but excluding (add any parts excluded from tenancy)

    ^ that's all the tenancy agreement explicitly says about parking.



    So the block of flats was recently built by a property developer. All of the flats are managed by one estate agent. I believe the flats themselves have been sold off to different landlords, and we rent from one of these landlords (via the estate agent). It is the estate agent who are telling me I need to pay this charge.

    They have been pretty horrible since we moved in. A few months ago they decided they wanted to re-paint the car park lines, so they put a letter through our door saying that all cars had to be gone by 9am the next morning so that they could repaint the car park or they would be towed away.

    I'd say the term that says you're entitled to the use of the parking space is sufficient to avoid having to pay the additional charge.

    If they're being that nasty and horrible...I'd just give up and move on. That's one great advantage in renting. If you don't like it then move. It's much cheaper than selling and buying.

    I wouldn't pay.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • rr755507
    rr755507 Posts: 119 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    elvralia wrote: »
    They have been pretty horrible since we moved in. A few months ago they decided they wanted to re-paint the car park lines, so they put a letter through our door saying that all cars had to be gone by 9am the next morning so that they could repaint the car park or they would be towed away.

    Nice of them to admit they are willing to commit a criminal offence.
  • elvralia
    elvralia Posts: 9 Forumite
    I sent them an email stating that I did not intend to pay as we have a tenancy agreement stating I am entitled to use the car park. They replied with this:

    Hi
    Thank you for your email
    The parking permit fee is an external charge and is NOT refundable.
    If you do not wish to pay the fee on that basis then please do not do so. You will however be unable to use the car park facility.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    elvralia wrote: »
    I've been living in rented accommodation for the past year. The flat I live in comes with a parking space (marked with my flat number) in a private car park for the block of flats.

    Recently, the estate agents who manage the properties have said they are going to start imposing penalty charges on the car park to stop people parking there who shouldn't be. - No they wont. Since private companies cannot issue penalty charges.

    Sounds great, except they are expecting me to pay £20 for a parking permit. One per registration number. So I would have to pay £20 for my car to park in a space I already pay rent for, along with another £20 if I ever want to have a different car parked there instead of my own.

    There is nothing in my contract about having to pay extra for a parking permit, but they've now erected signs all over the car park stating that penalty charges will be applied to any car parked there without a permit.

    Do I just have to suck it up and pay the £20?

    Does it actually say 'penalty' charges? I suspect it will be parking charge notices.


    The relevant information is thus:


    Do you rent the whole property, and does your lease give you exclusive use of the parking space which is associated with the flat.


    IE Does the flat lease the land on which you park?


    If yes, then you can ignore all this nonsense, as it is your land.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    elvralia wrote: »
    I sent them an email stating that I did not intend to pay as we have a tenancy agreement stating I am entitled to use the car park. They replied with this:

    Hi
    Thank you for your email
    The parking permit fee is an external charge and is NOT refundable.
    If you do not wish to pay the fee on that basis then please do not do so. You will however be unable to use the car park facility.

    Assuming it is your space (IE you have a valid right to the land)


    Simply reply by stating


    Dear Sir / Madam,


    I reject your offer of a contract. I have no requirements for parking control on my land. I will therefore continue to use my land as I see fit.


    Any interference with my vehicle by you or any of your agents will be a trespass and will result in legal action.


    Regards


    tenant.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    elvralia wrote: »
    I sent them an email stating that I did not intend to pay as we have a tenancy agreement stating I am entitled to use the car park. They replied with this:

    Hi
    Thank you for your email
    The parking permit fee is an external charge and is NOT refundable.
    If you do not wish to pay the fee on that basis then please do not do so. You will however be unable to use the car park facility.

    Does your parking space have your flat number on it? I'd block it off. It's yours to do with as you please.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • theartfullodger
    theartfullodger Posts: 15,710 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    elvralia wrote: »
    Can my landlord force me to buy a parking permit?
    ...

    No, of course not: But you may find you are unable to park where you wish to.
  • Marvel1
    Marvel1 Posts: 7,445 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What happens if you find someone else parked there?
This discussion has been closed.
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