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Private road parking/ tenancy agreements issue

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  • Private road parking/ tenancy agreements issue

    Hello,

    I am seeking some legal advice regarding a parking matter at my current address.

    I rent, and my house is located within a private road. A group of residents formed a management company in 1992, effectively taking ownership of the road and maintenance.

    Recently we have been informed not to park in the road, as the residents defined regulations which prohibit cars from being parked on the road. Is this possible? Particularly as I am a resident myself. We are quite happy not to park in the road, as there is a parking area provided.

    However, we have been informed by letter that we also cannot park in the designated parking area – as this is solely reserved for visitors. The letter suggests we are in breach of our tenancy agreement if we continue to park our cars in this area. When we leased the property, this parking was introduced as a feature of the property. Our tenancy agreement makes no reference to these regulations, the visitor parking area, or in fact the residents management company.

    The letter states that breaking these ‘regulations” is legally enforceable, in addition to a breach of the tenancy agreement.

    3(q)Car Parking
    (i) To park private vehicle(s) only at the Property in the space, garage or driveway allocated to the
    Property, if applicable.
    (ii) To keep any garage, driveway, or parking space free of oil and to pay for the removal and
    cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
    (iii) To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
    (iv) Not to park any vehicle at the Property which is not in a road worthy condition fully taxed and
    insured.

    Are you able to provide me with any information please? Are there any real grounds here?

    I simply do not understand how we are suddenly bound by regulations that we are not aware of, do not exist in our tenancy agreement and which were created by a small group of residents in manner which hugely benefits them.

    Thank you.
    Tags: None

  • #2
    Re: Private road parking/ tenancy agreements issue

    http://parking-prankster.blogspot.co...l-parking.html

    http://www.parking-prankster.com/case-law.html (34+)

    http://www.parking-prankster.com/more-case-law.html


    On the face of what you say, it sounds like they've taken over something that isn't theirs and think they are "the law" when they are just a bunch of power crazy wannabees.

    Either ignore them, question them politely or tell them to go forth and multiply.

    M1

    Comment


    • #3
      Re: Private road parking/ tenancy agreements issue

      Thank you for the response.

      Unfortunately I believe it (the road) is indeed "theirs" having checked the land register. What I doubt is the ownership over the visitor parking spaces, and their authority to tell us we cannot park there without breaching tenancy.

      I'll be drafting a response shortly, asking for a little more clarity around their supposed authority.

      Thank you,
      B.

      Comment


      • #4
        Re: Private road parking/ tenancy agreements issue

        Hi

        Even if the road is theres, they cant do a lot. Any property thats not an owener would be granted rights oif acsees over the road, to there property, and look at the plans for the guest parking area for guidence. The wording your looking for is reserved or restricted on the parking plot. If it doesnt, then its likely to be standard overfolw parking, that might have been required at teh time of building/planning to account for visitors, this is usualy unrestricted.

        just a guess

        The other things you mention are standard, for groves and off roads. .
        crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

        Comment

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