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Housing Association tenants not parking in their allocated spaces

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  • Housing Association tenants not parking in their allocated spaces

    I’m a social housing tenant living on a road of mixed social and private residents.

    Sadly, the social housing tenants at the entrance end of could-de-sac road where I live refuse to use the two parking spaces on their driveways and instead park their cars on the road, as well as allowing their guests to park wherever they want, which not only causes obstructions for passing traffic and delivery vehicles and causes myself and other neighbours difficulties trying to manoeuvre our vehicles on and off of our driveways, but it creates safety concerns because young children play on the road but they aren’t visible to other drivers due to the parked cars, but also because emergency vehicle access is being compromised and restricted. I’ve even had people park on my driveway and across my driveway, again causing issues and frustrations when try to park at or leave my property.

    Despite my communications directly to my housing association (landlord - same as other social tenants) and having provided copies of their own tenancy agreement and antisocial policy which clearly detail to all tenants, and their guests, their obligations to ensure they park in their allocated parking spaces and do not cause obstruction to neighbours or emergency vehicles through inconsiderate parking, but the housing association maintain they have absolutely no legal obligation or ability to enforce their tenants to park in allocated parking spaces.

    On Saturday, my wife and I returned home to 9 cars all parked outside and around our neighbour’s property, who seemed to be having a party, but it meant we could not access our drive and had to park away from the estate at our local village hall. We have 1353 properties in total in our village, but sadly too many social housing tenants are ruining my quality of life.

    I also require support services from time to time, but they often fail to be able to access my home, but again, the housing association just seem to have no interest in addressing these issues.

    My question is, my housing association, as mentioned, claim they legally have no ability or right to make their tenants park in their allocated parking spaces, despite me providing them with a copy of their own tenancy agreement and ASB policy, which they seem to refuse to want to enforce?

    Just to further clarify, we live on a newish build (9 years old) estate with a mix of private and social housing residents. All roads have been adopted but, being a village, there are no road markings or signage, so there are no roadside restrictions regarding parking.
    Tags: None

  • #2
    Hard to see how anyone can force people to park in these spaces Does the road have any parking restrictions yellow lines etc

    Comment


    • #3
      I'm not an expert on HA tenancies and others might have a different view, and we haven't seen what the actual tenancy agreement says but my first thought is that the HA are correct.

      Your cul-de-sac is a public road, adopted by the local authority, and for which they are presumably the Highway Authority. They have chosen not to impose any parking restrictions so, as you say, anyone can park in the road. Their status as residents or non-residents is irrelevant. That doesn't entitle anyone to cause an obstruction by parking across your driveway (let alone in your driveway) but that's a separate issue.

      The HA has the power to regulate parking on its own property but they are surely correct that they have no power to prevent residents parking on the public highway. It's not obvious to me that parking in a legally permitted way at the kerbside (if it doesn't block your driveway) would be anti social behaviour.

      If the parking in the cul-de-sac is causing an obstruction for emergency vehicles or other residents you need to take this up with the council. You are most likely to get somewhere on this if you and other concerned residents jointly approach them. Involving your Ward councillor(s) would be a good starting point.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        I do appreciate the responses, thank you. which in fairness are exactly what I expected to hear, disappointingly.
        Sadly these day, it seems it’s too much to hope and expect people to be decent, considerate and respectful, especially neighbours.
        I’d expect this in a large town or city, but a small rural village!!

        Comment


        • #5
          Is your driveway accessed across a dropped kerb?

          Comment


          • #6
            Originally posted by wales01man View Post
            Hard to see how anyone can force people to park in these spaces Does the road have any parking restrictions yellow lines etc
            Hello sorry this is from an old post, but I am in a dire siutation and I bought the flat thinking there is parking. However the council (who are the freeholders and own the land) are not regulating the parking. So often I dont have a parking space when other flats have 3 cars there. Do I have any legal rights. I have tried talking to the council and emailing but they dont do anything.

            Comment


            • #7
              @Anonoms2026

              You purchased "
              thinking there is parking" but what does your lease state regarding parking arrangements?

              Comment


              • #8
                Did you ask your solicitors to check/confirm the parking situation?
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Guides and handbooks for Litigants in Person - :

                https://legalbeagles.info/forums/for...60#post1701560

                Comment


                • #9
                  Thank you for the responses. There is a car park and my solicitor asked the council to allocate parking, but they refused. They said they dont want to allocate and it is open parking for residents only. At the time all the flats did not have tenants with cars and there were better tenants. Now there are aggressive tenants. As far as I understand it is fair use policy.
                  The car park was neglected and there is no light and it is pitch dark. I have raised this with the council / freeholder but they did nothing about it. So I got the car park cleared and added a light from my window to lit the car park. Now I dont have a space to park. The tenants are showing middle fingers and swearing at me!

                  Comment


                  • #10
                    I am happy to pay a solicitor if needed to deal with the council. If there are any suggestions / recommendations I will take it on board.

                    Comment


                    • #11
                      So the council/freeholder does not guarantee you a parking space and advised that before you bought the flat?

                      You mention a fair use policy. What exactly does that say? Does it apply to the HA tenants and to leaseholders such as you or is it the HA's policy applying only to their tenants?
                      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                      Comment


                      • #12
                        Originally posted by Anonoms2026 View Post
                        I bought the flat thinking there is parking.
                        But...

                        Originally posted by Anonoms2026 View Post
                        my solicitor asked the council to allocate parking, but they refused. They said they dont want to allocate and it is open parking for residents only.
                        There may well have been sufficient space when you bought your flat. Your problem appears to be that since you bought your flat more people are parking in what has now become limited space. This, frankly, is an increasing problem with the increasing numbers of vehicles, and their growing size.
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Guides and handbooks for Litigants in Person - :

                        https://legalbeagles.info/forums/for...60#post1701560

                        Comment

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