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

bobbarley

Ewarwoowar2, thanks for your comments, they were very useful.

I've just come out od my apartment to find a fine stuck to my car, even though the Estate Agent told me this wouldn't be happening until Wednesday. Am I within my rights to insist the EA pay for it?

pinkshoes

bobbarley wrote: »

The problem seems to be that no one would like to take responsibility for the problem. I'm happy to try to sort it out, but no one involved wants to seem to sort it out.

I know for a fact the estate aren't going to actually do anything about it.

I may have to have a protest in their office next week, and refuse to leave until the situation is resolved

Although I feel for you being in this situation, I think the person to accept responsibility should be you.

You have no paperwork saying that you're entitled to a parking space, so the landlady sorted you out with one for a while, which is now no longer possible.

Unless a flat has a parking space on its deeds, then there is no guarantee that you can rent one, and the company that owns the parking can do what they want with the rest of the spaces. It's not the EAs fault, nor is the the LLs fault. Your LL got you one for a while, but can't get you one any more.

Unfortunately you signed your paperwork without checking that it guaranteed you a parking space, and the only person you can blame for that is you, so instead of trying to blame other people, I think YOU should take some action.

1) go and knock on all your neighbours doors, see if someone is willing to rent you their space.

2) rent a space elsewhere in the city, and if it's a bit further away, then get a bike to cycle to the car.

The bit about being away on holiday when your lease ends is irrelevant, as that was bad planning on your behalf.

I would ask nicely if your LL will release you early from the contract, then go rent somewhere else that does have a parking space, and this time read the contract before signing!

Kez100

Ewarwoowar2 wrote: »

IMO, as a solicitor, the Landlord has been committing fraud. She must have know she didn't have a parking space. Probably the estate agent knew of the fiddle where the LL just applies for the permit, the building management company wouldn't check and she'd get a parking access fob.

The LL has been charging you £25 per month for something she must have know didn't belong to her.

They lied to you when you took up the lease and they fraudulently took money from you.

As an expert, does the fact there is no written evidence (apart from permit and key fob) that they agreed to parking being charged extra not amke the situation different or certainly far, far harder to prove?

tbs624

Ewarwoowar2 wrote: »

IMO, as a solicitor, the Landlord has been committing fraud. She must have know she didn't have a parking space. Probably the estate agent knew of the fiddle where the LL just applies for the permit, the building management company wouldn't check and she'd get a parking access fob.

The LL has been charging you £25 per month for something she must have know didn't belong to her.

They lied to you when you took up the lease and they fraudulently took money from you.
.

If you're a legal professional, aren't you're making some pretty strong assumptions without the full paperwork in front of you?

silvercar

you have been able to park upto now. Now you have been told that the parking is no longer available.

The sensible solution would be to move to another flat in the complex with a parking space and for the landlord to allow the lease to be forfeited at that time. This would be less inconveniance for you (as you could move on a day of your choosing). Your contract is soon ending anyway, so you have to decide whether to renew on the basis of no parking space or not. This only leaves the period between now and the end of the contract (a few days or weeks at most) where you have a parking problem.

Either park further away in a safe place and take the tram home (maybe the landlord should pay for the tram fares) or find a repo recently auctioned and park in their bay, you know the new owners won't occupy for 28 days.

To continue parking where you know you will be fined is now your choice as you have been made aware.

SouthCoast

Offer the guy who issues the parking tickets a £50 a week cash retainer not to ticket your car.

P.S. I know of a new build development where the greedy BTL landlords were not prepared to pay £5,000 for a car parking space.

Jorgan_2

bobbarley wrote: »

Ewarwoowar2, thanks for your comments, they were very useful.

I've just come out od my apartment to find a fine stuck to my car, even though the Estate Agent told me this wouldn't be happening until Wednesday. Am I within my rights to insist the EA pay for it?

Did you get this in writing from the letting agency?

Do you use your car on a daily basis or just weekends?

Voyager2002

Why this obsession with your car? You live in an area with excellent bus services, and surely you are physically capable of riding a bicycle!

Stop making yourself miserable; get rid of your car; and enjoy life in your beautiful new flat. I refuse to believe that a tin box on wheels is a good enough reason to go through the upheaval of moving house.

Ewarwoowar2

tbs624 wrote: »

If you're a legal professional, aren't you're making some pretty strong assumptions without the full paperwork in front of you?

Two bits of information are clear (unless the OP's lying):

1.The LL's been taking money from the OP for a parking space;
2.The LL doesn't have a parking space.

Therefore, irrelevant of motive, the LL wasn't entitled to charge for something she didn't have. And if I were the OP I'd want my money back.

The fact that nothing's in writing is irrelevant. The LL's been taking money from the OP for the parking space, the OP was issued with a fob or other parking access for a space not owned by the owner. The EA aren't denying this appended, they're just attempting to make it into an unfortunate incident that's the fault of no one. Well that's b0ll0cks. The OP made it clear to them that he/she needed parking. They EA gave them access to a parking space that the LL didn't own.

It would be obvious from the above to a small claims court that the OP was charged for a parking space.

Imagine that I rented a flat in the Mill. I knew that the office would give me as many parking passes as I requested ('cos the office didn't check). I then went round the other tenants and 'rented' them parking spaces which I didn't own. If I was caught, I'd certainly expect to be sued for the money back and I would also expect a call from the police.

Unless the EA led the LL to believe that she had a parking space, I don't see the difference here.

One definition of fraud is gaining money by false pretences. That's wants happened here.

gfplux

Slightly off topic but,
I live in Luxembourg and prices of property have been rising quite strongly for many years.
Over the last 15 years parking in the suburbs have become more and more restricted with parking meters being installed and and residents parking being created.
The result is the price of parking spaces and garages have risen much more quickly than the Houses or flats.
A tip for people in the UK might be to invest you money in parking spaces and sit tight for when they are worth a lot more!