Parking space issue

devi123

Hi all,

I've just moved out of my flat and my landlord is trying to charge me for a parking space. I have used the space but have no emails from them regarding charges for it. I sent them one where I've asked them to clarify costs but they never replied. There is CCTV in the car park which will show me using it.

They have just tried to lump me with a bill (just shy of £2k). They printed off a one page 'agreement' but I haven't seen it before and it isn't signed.

I'd really appreciate some advice on what to do next. Obviously I've used the space but was unaware of the cost. As I understand it, the tenancy deposit scheme will ignore this as it's outside of my signed contract and there is no mention of it in there.

They have also tried to charge me for other consumables from the property which weren't in the contract and I told them I wouldn't pay those to which I got a very aggressive verbal response.

Thank you for your help peeps

Murphybear

Is there anything at all in the tenancy agreement about parking?
Was anything said to you about parking when you viewed the property?

devi123

This is the only mention in the contract

"Parking
If you rent a specific car parking space or garage as part of this tenancy, you must only park in that space and not store, keep or park any boat, caravan or commercial vehicle on it or on any shared car park. If you do not rent a car parking space as part of your tenancy and wish to park a car outside the development, you should contact the relevant Local Authority to check if any parking restrictions apply in the area. We will not be responsible for any restrictions imposed.
"
I can't remember if anything was said - but that would only be verbal, not written, and 2 years ago at that.

sal_III

Is it a restricted parking and if so how is the parking enforced? Permits, locked gate?

I don't think the LL have much chance of pursuing you for the money, definitely not via the tenancy deposit.

devi123

There's no signage. Just a remote control style buzzer to get in and out. I had one from when I had my motorbike parked in there and got a second for my girlfriend but again didn't sign anything and didn't pay for the second buzzer (i paid a deposit for the first).

sal_III

If you had the buzzer handed with the keys to the property, you had a reasonable assumption that you have the right to park there and it was included in the rent.

If there was nothing on paper about separate fee for the parking the LL will be hard pressed to convince the court that you owe any money.

Tell him to Foxtrot Oscar.

devi123

I was given the buzzer after we moved in. I parked my motorbike in a *shared* parking space in the garage which I sub-let from another tenant. This did not go through the management company and was a private transaction.

I just want to word my response carefully so it doesn't bite me in the ar*e.

Thinking along the lines of - "This is the first time I've seen this document, it is not signed and management never communicated about any charges for using the parking space; therefore, much like the other items you have tried to bill me that fall outside the scope of the contract, this does too and I shall not be paying it"

Ahsoka

You say in the first post you’ve used the space but then later on say you’ve rented a space from another tenant. Who’s space have you been using? Will the CCTV show you using the landlords space or the other tenants space? What about your girlfriend. Who’s space was she using?

devi123

1. I paid a tenant at the property for shared use of their parking bay for my motorbike. There were three bikes that used this space. This was rented directly from the tenant. Finances were never discussed with the management company.

2. I parked my car in the garage also in an unused space. The CCTV will show me using the space & the other tenants space. GF shared the car with me.

From my perspective, without a signed agreement, how can they charge me for the space? If this was the case, surely they could say to me (a ridiculous example): "you owe us £100 a day for using the lift". Outside the agreement and no discussion to the contrary.

need_an_answer

"unused space" or unrented....I'm starting to think that as the thread progresses you may have had an inkling that you were using a space in an area that other residents and leaseholders paid for the privilege to park there.

You clearly knew there were charges to park there else you wouldn't have sublet a section on which to park your motorbike.

devi123

My question is over whether I am obliged to pay this charge if I haven't signed an agreement.