MASSIVE problem with our rented apartment, don't know what to do!

bobbarley

My girlfriend and I went looking for a nicer apartment to live in the back end of last year. We looked online, and found a few lovely apartments in the Albion Mill complex at Ancoats, Manchester. We viewed some apartments and loved them, fell in love with one in particular, for £650 a month. We told them we'd love to have it, but only if they can do us a parking space as I need my car. They came back and said they could, it'd be £25 a month more, so we agreed to it. Money handed over, lease signed, got a parking permit and parking fob allowing access to the car park. Didn't realise at the time the lease makes no reference to a parking space.

Fast track to 3 weeks ago. The management company for the apartment complex decided to change the parking permits as they weren't accurate. In order to get a new one you had to take proof of ownership of a parking space (the deeds you get when you buy it), along with some other things, ID etc. I got onto the estate agent straight away, told them they needed to sort this out as the land lady would have proof of space ownership, not us. Apparently they issued over 140 passes, but there are only 85 spaces. Can you see where this is going?

Two weeks later, 5 e-mails, 5 phone calls, I FINALLY got to speak to Rob, the employee there sorting the new permits out, apparently a few residents living in the complex with them are having the problem, but they're sorting it. No calls back, I keep chasing but he's always out.

I rung up this afternoon and by fluke Rob answered the phone. Immediately I wanted to know what was going on, he put me on hold for AGES, to "find my paperwork".

"I'm really sorry to tell you this, but it seems your apartment doesn't actually have a parking space"

"!!!!!!?????"

"When you moved in the land lady applied for a permit to the management company and was given one, however she never owned a space. Now they've changed the permits she can't get a new one. "

"Well what are you going to do? I need a space, I own a car! I've spoken to the management company and from next week onwards they're fining any cars without new permits"

"There isn't really anything we can do, other than suggest you don't park your car in the complex any more"

"WHAT?? That isn't really an option! We've been paying you EVERY month for a space. The last time I parked my car outside the apartment block it was trashed! the closest multi storey car park is a 10 minute walk away, and I'M not paying (£15 a day) to park there every day".

"It isn't our fault, the blame really lies with the land lady and the management company"

"It doesn't change the fact I have a car and no one where to park it any more! If I get a fine I'll have no choice but to send it to you guys to pay, as it isn't my fault. If you don't pay it I'll have no choice but to take you to court"

"I'll have to speak to the managing director about it"

I get a call an hour or so later.

"We've managed to speak to the management company. They're extending the grace period on old permits until Wednesday. We're going to keep looking into this and get back to you next week"

I have absolutely NO idea what to do! We were sold an apartment with a space, and now they're telling us there was never a parking space to offer. That I can't keep my car herer any more, and will have to find somewhere else. I believe I'm under no obligation to do this, as I haven't done a single thing wrong.

Does anyone know where I stand on this? As I say the lease makes no reference to having a space, but I was given a permit and car park access fob, which is proof they gave me a space. I don't know what to do with my car, or how to go about tackling the estate agent. If I leave my car in the complex and get a fine, can I actually pass it onto the land lady to pay? The fine will be to my registration number.

What's worse is out lease is up at the end of April, and the other half and I are on holiday at the time. They might tell us we have to leave, then we'll lose HUNDREDS on our holiday!

All I know for sure is this isn't our fault. I believe we've been miss sold a product. The land lady, or whoever, should have to pay for parking for my car, re-emberse ALL of the parking rent they've charged, and we believe we should get the £200 admin fee paid to the estate agent for their "work" refunded. I'm of two minds whether to sue them for miss selling a product, to try to get all our rent back.

What do you think?

Kez100

I think you need to calm down and stop blaming everyone but yourself - you say the lease does not mention parking and, if it were that important, you would expect to have some agreement in place for parking.

Once you have calmed down, clearly you need to move it forward and try and achieve an amicable solution, before you start to incur legal costs with sueing all and sundry.

What I cannot understand (not that this is your fault) is if there have been 140 permits issued and 85 spaces then why hasn't there been an obvious daily problem with parking?

bobbarley

That's the thing, the complex is never full. At the moment it's a matter of park wherever there is room. But in a week or two they're painting out proper allocated spaces you have to use, of which there will only be one for each proper space.

We've double checked the lease and it doesn't mention a parking space anywhere at all. I tried being amicable with them on the phone today, but they constantly adopted an "it's not our fault attitude, what do you expect us to do".

A_Nice_Englishman

I can see two alternatives:

(1) Come to an agreement with the owner of a flat that has a parking space to use theirs

(2) Remind your landlady that you only took the flat on the understanding that you would have a parking space (do you have this in writing?) and ask her to terminate the lease early so that you can find another place to live.

bobbarley

We have nothing in writing to say the apartment came with a parking space. It was just their verbal word that it had one. But like I say they provided us with a parking permit and car park pass at the time. Which proves we paid for something.

It doesn't help matters that we cannot talk to the land lady, all communication has to go through the estate agent We have tried renting a space from someone else, but due to their short supply there are none going, and those that do become available are being rented out at twice the normal price.

Does it sound unreasonable to tell them we would like the agreement considered as void, and allow us whatever time is necessary to find a new accommodation. As well as a refund for all parking charges?

Kez100

Right, so landlady was probably doing the right thing when she got you a permit when you moved in (perhaps she has to pay £25 a month to the company for the right to park). Now, the management company have changed the rules and so a space will no longer be available. Not necessarily something the landlady could have predicted.

I don't understand (apart from greed perhaps?) why you want a refund of parking rent paid to date. You have had parking up to now. That part does sound unreasonable to me, yes.

Maybe your landlady can approach someone who does own and never uses their space so they could be paid for it's use?

I would think it should be back to the agent to find out what they are going to do about the provision of parking for you (time is of the essence as the permit cessation date is looming), but hopefully someone more knowledgeable than me on the subject will be along soon to advise you on your position with asking to be able to move on.

bobbarley

We were told a parking space would cost £50 a month, we would pay £25 and the land lady would pay the other £25. they wrote out a new lease before we signed it, but the only change was the amount being paid each month, £675 instead of £650.

At the moment there are no spaces up for rent, but I know of about 4 or 5 people who are also trying to rent one, and are willing to pay > £100 a month for one.

I guess the main issue is, are we within our rights to tell them we want to leave as soon as we've made arrangements, without having to complete our 6 months lease?

I've posted on the local forum for the complex, to find other similarly affected people, in the hope we can all get together t move it forward. this was the advice the management company gave us.

lotto-dreamer

I don't know the legal solution I'm afraid -it certainly seem unfair.

However, from a practical point of view perhaps you could check which flats actually do have parking spaces as part of their title? You might be able to do a deal with someone who has a parking space but doesn't use it and you could perhaps rent it directly from them?

The quickest way to check which flats have parking spaces as part of their title description is to get a copy of the freehold title from the Land Registry which should list all the leases. Each flat with a parking space should be described as such.

http://www.landreg.gov.uk/

Sorry, have now just seen your previous post!

bobbarley

lotto-dreamer wrote: »

I don't know the legal solution I'm afraid -it certainly seem unfair.

However, from a practical point of view perhaps you could check which flats actually do have parking spaces as part of their title? You might be able to do a deal with someone who has a parking space but doesn't use it and you could perhaps rent it directly from them?

The quickest way to check which flats have parking spaces as part of their title description is to get a copy of the freehold title from the Land Registry which should list all the leases. Each flat with a parking space should be described as such.

http://www.landreg.gov.uk/

Sorry, have now just seen your previous post!

Thanks! I'll look into that.

Gorgeous_George

The landlady cannot magic a parking space. What do you want her to do?

She could:
1) Say tough luck.
2) Remove the parking charge from the rent from the date that the parking space was lost.
3) Allow you to give notice to quit.
4) Offer you a cash sum as compensation for the loss of the parking space.

You need to decide what you would like (reasonably) and write to the agent requesting the same.

GG

bobbarley

To be honest we've inclined to request to leave once we find somewhere else to live. The problem is we need a short term solution that avoids any fines. as mentioned I'd want the land lady to pay any fines that arise from this.

We've had nothing but trouble since we moved here.

• Car parked outside the complex one night got completely trashed
• We've still had no electric bill, the estate agent haven't sorted it out
• Only 1/3 of my Sky channels work
• Washing machine has broke - estate agent say it isn't their problem