Tenants are threatening legal action over parking spaces but we have already given them parking permits, any advice?

Landlord Discussion
1

On 07/06/2023, our tenants sent us an email titled ‘’missing parking space, fines, damage and discomfort’’. The tenant has been having issues regarding parking space as they have reported abandoned vehicles and overfilled parking spaces. As a result of this, they have incurred multiple parking fines.

We have listed the property with free parking space. The exact clause written in the AST states ‘’Parking with permit for the development provided to the tenant’’. The block does not have individual parking bays as all vehicles are subject to parking on a ‘first come first serve basis’. This has been informed to the tenants with written confirmation from the housing management block around 02/06/2023.

Claimant has stated that ‘it is the landlord’s responsibility when renting to grant essential services and to not mislead the tenants, taking the money and leaving them with problems. If the conditions are not met, they are already ready to take immediate action as they have already appointed a lawyer to enforce their right by multiple accounts of abuse of violations.

The tenants are demands include:

-an individual parking space effective immediately

-immediate removal of the abandoned vehicle

-reimbursement of the fines totalling £520 and reimbursement of any additional days they had to park outside.

-failure to comply within 15 days will increase to £6000 as ‘’the price point for the rental has dropped due to lack of basic requirements and misleading information’’.

We have been blindsided by the news as the issues have only been made apparent to us on 01/06/2023. The email labelled ‘’final notice’’ on 07/06/2023 is the second formal mention of any parking issues. On the exact same day (01/06/2023), I reached out to the block housing management to confirm parking regulations and the procedures needed to report said vehicles which were forwarded to the tenants. Verbally, the tenant did mention a parking fine maybe 3 weeks ago but it was just a comment, they did not request support from us at the time.

My questions are:

  • Do the tenants have any grounds if they try to seek legal action? We have already acknowledged their notice on 07/06/2023, but what should we do now? Should I wait for 15 days and see their response or do I need to treat this with urgency and seek legal counsel?
  • are there any free services we should look into? I wish to seek out help from the TDS mediation service. We have already tried to schedule a meeting with the tenants with the estate agents as a mediator, but they have already declined this request.
    -regarding legal fees, what kind of cost can I expect to be charged and can I somehow offset the cost to the tenant in case this ever goes to court.

Tensions have already been high with the tenant already as they have had issues with the problem already (unrelated to us). I have suggested we meet up at the lettings agency to discuss with mediation but they have refused this also. I’m not sure if it’s more appropriate to seek support from a mediation service such as TDS resolutions and send them a message like this:

[''Dear [Name],

I understand that you are not comfortable meeting in person to discuss our issues. However, I believe it is important that we address them and find a resolution. Would you be open to using a mediation service to help facilitate our conversation? This would allow us to have a neutral third party present to help us communicate effectively and work towards a solution.

Please let me know if this is something you would be willing to consider.‘’]

2

so they have a permit as all residents will have one ,but there are less spaces than homes. ? An abandoned car is not your problem as it is in “anyones” space . Pity the AST did not say “first come first served” They got the fines ,they pay, They are trying it on PS When did they move in ?

3

Based on my knowledge, they also have two vehicles aswell.

They moved in on the 6th of February 2023 this year.

4

how many flats/ houses and how many parking spaces?

5

For the abandoned vehicle, check whether it has had tax paid on it or not (probably not) and then report it, they will come pretty quickly to haul it off. Forget about reporting it as abandoned to the police or whatever, the only thing that gets a response is reporting it for not having tax. Google “check if a vehicle is taxed”. At least clear up one problem, it will be dealt with before you get to court.

Second, what they are claiming from you is damages under the Consumer Protection from Unfair Trading regulations. If you look under the thread “Fraudulent Advertising” you can see a link to the document that explains it all.

Did they go through an agent or find the property directly from you? Did they visit the property before renting it? Were the parking arrangements explained?

Normally you would state “unallocated parking available on first come, first serve basis” in the advert in this situation. “Free parking space” certainly sounds like an allocated space was part of the deal. So you will probably lose in this case. You can’t advertise on one basis then try to pull a fast one in the contract.

6

Or check if marked as SORN, which would mean it’s legally parked.

7

Although this sounds a lot like bluster, you may have some liability. You do not have control over the alleged abandondoned vehicles and cant be held liable for any resultant shortage of spaces. Where you might be liable is if they can successfully argue that the wording of the advert and contract clause implies that a space WILL be available. That might facilitate action against you under consumer rights and breach of contract. You should consult a good solicitor at the earliest opportunity. I wouldnt suggest you reply until youve done that.

8

I have requested the details of the property advertisement and it seems like there is actually no free parking space advertised, only in the AST.

-Just an update Reddit - Dive into anything -

9

For the abandoned vehicle, check whether it has had tax paid on it or not (probably not) and then report it, they will come pretty quickly to haul it off. Forget about reporting it as abandoned to the police or whatever, the only thing that gets a response is reporting it for not having tax. Google “check if a vehicle is taxed”. At least clear up one problem, it will be dealt with before you get to court.

Ok, I will check the vehicles and see if they are.

Second, what they are claiming from you is damages under the Consumer Protection from Unfair Trading regulations. If you look under the thread “Fraudulent Advertising” you can see a link to the document that explains it all.
Did they go through an agent or find the property directly from you? Did they visit the property before renting it? Were the parking arrangements explained?

I have requested the details of the property advertisement and it seems like there is actually no free parking space advertised, only in the AST.

-Just an update Reddit - Dive into anything -

10

For the abandoned vehicle, check whether it has had tax paid on it or not (probably not) and then report it, they will come pretty quickly to haul it off. Forget about reporting it as abandoned to the police or whatever, the only thing that gets a response is reporting it for not having tax. Google “check if a vehicle is taxed”. At least clear up one problem, it will be dealt with before you get to court.

Thank you for that advice

Second, what they are claiming from you is damages under the Consumer Protection from Unfair Trading regulations. If you look under the thread “Fraudulent Advertising” you can see a link to the document that explains it all.

I am trying to check and see exact details of the advertisement listing but the estate agent has been unresponsive for the last three days. I have called up the office multiple times a day and have requested many callbacks but I have yet to hear from them.

In the case that advertisement is fraudulent, does the tenant sue me as the landlord or the estate agency? If I am sued and they win how do I sue the estate agents?

Normally you would state “unallocated parking available on first come, first serve basis” in the advert in this situation. “Free parking space” certainly sounds like an allocated space was part of the deal. So you will probably lose in this case. You can’t advertise on one basis then try to pull a fast one in the contract.

The estate agents royally fucked up there. I don’t know if free parking space was listed in the advertisement but the AST only states '‘Parking with permit for the development provided to the tenant’’. I will try and confirm what was advertised to the tenant

11

" parking with permit " does not mean you will find a space

12

The issue with the vehicle(s) that may or may not be abandoned is a bit of a red herring with regard to the tenants complaint, so I would suggest you raise that separately with the management company and with the tenants, just focus on exactly what was pledged in the contract.

13

The AST wording is even worse, it says “Parking with permit”, i.e. PARKING is provided. It does not even say how many spaces.

So if it wasn’t advertised then it can’t be fraudulent advertising but it is a breach of contract, they can sue you for damages. However, the amount might be mitigated by their behaviour, i.e. if they started to incur any of these costs on purpose to spite you. You should try to meet them face to face to discuss (no more emails!) and sort out, they seem to be angling for a rent reduction so maybe that will solve situation, but would be accompanied by amendment to the AST to clarify the parking situation.

You could separately claim against the agent for a breach of their duty of care to you by having such a badly worded contract .

14

This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.