Can my landlord force me to buy a parking permit?

silvercar

Check your tenancy agreement. It may have a clause in it about satisfying requirements of a head lease.

audigex

Hoploz wrote: »

Yes.
Like everyone else who parks their car there will have to.

I disagree. Flats with parking spaces carry a premium over those without, you're already paying for the parking space.

Any changes to the arrangements between the owner/leaseholder of the property and the management company of the property is the business of those two parties, not the business of someone renting the property.

The landlord has been quite happily profiting from the presence of the parking space when it was free, and any additional costs not covered in the tenancy agreement are their problem to take up with the management agency.

The landlord can change the tenancy agreement for the next tenant or tenancy period, sure, but not for this one.

silvercar

I'm quoting from a tenancy agreement I have had in the past. It places obligations on the tenant to comply with requirements from the freeholder. It would be worth checking that your tenancy agreement doesn't have a similar clause.

"Where applicable the Tenant will observe and perform all and any regulations made by the Superior Landlords from time to time relating to the building as out in the Head Lease and keep the Landlord fully and effectually indemnified against any breach or non-observance thereof."

davidmcn

silvercar wrote: »

I'm quoting from a tenancy agreement I have had in the past. It places obligations on the tenant to comply with requirements from the freeholder. It would be worth checking that your tenancy agreement doesn't have a similar clause.

"Where applicable the Tenant will observe and perform all and any regulations made by the Superior Landlords from time to time relating to the building as out in the Head Lease and keep the Landlord fully and effectually indemnified against any breach or non-observance thereof."

Think you'll find previous thread about this, but I'm pretty sure we came to the conclusion that this sort of clause wasn't enforceable in the case of a standard residential tenancy (taken at face value, that clause would make the tenant liable for all previous breaches of the lease, even if it's nothing to do with them).

prowla

I don't think you can enforce a contract clause which says that all future variations are automatically agreed.

silvercar

prowla wrote: »

I don't think you can enforce a contract clause which says that all future variations are automatically agreed.

If it went to court, a judge would rule on what was reasonable. £10 charge to protect the car parking situation could well be considered reasonable.

prowla

silvercar wrote: »

If it went to court, a judge would rule on what was reasonable. £10 charge to protect the car parking situation could well be considered reasonable.

But a £20 to impose an unneeded and unrequested policing of the OP's own parking space may not.

littlegreenfrog_2

Guest101 wrote: »

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.

Spot on.

I would send them an email politely saying you have no intention of paying for a parking permit, since the use of a parking space is clearly included within your tenancy agreement.

If they ticket your car, ignore it. They can try and take you to court if they want to, but I doubt they would, because they would lose and they know it.

If they tow your car, call the police and report it as a crime.

elvralia

I got this in reply to my email:


I have seen your reply and regret your stance.
As you are aware conditions have changed since your lease was agreed and as such the new car parking supersedes all previous agreements – in any event your tenancy is not to be renewed as you know.
All others have accepted this and we reserve the right to change this benefit
Best


============

So what he's referring to in the "tenancy is not to be renewed" bit, is that my tenancy was renewed for 6 months, set to expire on the 20th of March this year (so 10 days from now). As I am buying a house, we have negotiated a move-out date of 20th of May this year. So I will continue to live here for two months once the tenancy has expired.

Does my right to use the car park remain even after the initial tenancy expires?

Also is there any basis to what he's saying with regards to the new parking "superseding all previous agreements"?

reehsetin

littlegreenfrog wrote: »

Spot on.

I would send them an email politely saying you have no intention of paying for a parking permit, since the use of a parking space is clearly included within your tenancy agreement.

If they ticket your car, ignore it. They can try and take you to court if they want to, but I doubt they would, because they would lose and they know it.

If they tow your car, call the police and report it as a crime.

Wonder if he could get them for trespass if they ticketed his car anyway?
(or is there a distinction between a land registry owned space v an allocated bay?
http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass