Car Parking Hell

[thestarkfactor]

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Hello.

Looking for some advice and guidance and I will attempt to keep this as concise as possible though if I leave out any important information please say and I shall update the thread. For reference, I live in Scotland, just in case this affects any advice given.

I live in a set of apartments managed and I believe owned by a private landlord who are a large private company. Within our apartments is a "private" residential car park provided for the convenience of residents.

The car park is advertised as being 'private' on all letting adverts for our apartments and even on the sign outside our apartments. When I moved into the apartment three years ago I was told by the letting agent that there were private car parking facilities.

However, the car park is and has never been private nor is it strictly secure as there are no controlled entry arrangements in place. Therefore anyone can drive into and park in our residents car park.

We therefore have the situation whereby every weekday our car park fills up with non residents who are parking free or charge to avoid the street parking costs outside.

It is often so busy that cars are parking on pavements and blocking other vehicles. This makes it impossible to actually park in our own car park during office hours in the week.

I have often been left parking out on the street and having to pay to park my car.

Several residents including myself have complained consistently about this to our landlord and to date they have not taken any action to resolve the matter, yet in this time we have seen two sharp rent increases.

In the last response from the landlord, we were told that we do not pay towards car parking facilities as part of our rent, therefore they basically will not be making any attempt to help.

I checked our short assured tenancy agreement and it is not clear whether we do or we don't. Though there is a section which states we pay towards car parking if provided. I would have to double check the exact wording to be sure.

I was wondering whether there was any legal recourse at our disposal that could be called upon to help resolve this matter.

Ultimately as residents we want some form of barrier system installing to prevent this problem from occurring.

Also, considering the dangers of an over-crowded car park, with cars not being parked in designated bays, is there any health and safety implications in relation to duty of care that could be called upon to help?

Appreciate any help!

[the_d_man]

Re: Car Parking Hell

I'm not sure legally where you stand, unless it is stated in your contract that you have a specific parking space, you don't have much to go on.
Why not propose paid parking to your landlord with exceptions, so anyone who lives in the flats is exempt from paying parking or pays a small fee of something like £20 a year, and so for anyone else wishing to park in your car park they will be fined / charged.
Which can be enforced by using cameras?

So maybe if the landlord can see $$$$$ might be willing to work out a solution for you guys?

again legally i don't know how this will work, but i'm sure there is a way if done properly

[enquirer]

Re: Car Parking Hell

It hinges on whether or not the facility is merely there (and you may avail yourself of it, if available), or a right.

If your decision to take the flat was swayed by the promise of car parking (which is then effectively unavailable), then it might be argued that there is a Breach of Contract. Even if the rental agreement is silent on the matter, a judge might well consider that this is an implied term.

Whether or not this would be a profitable exercise is debatable. Better perhaps to go with the suggestion by dman. You might also point out to the landlord that should there be an accident of some description, the fact that they have knowingly allowed public access might prove awkward.