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Tomlin order used by previous landlord to prevent us parking our car.

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  • Tomlin order used by previous landlord to prevent us parking our car.

    Several years ago we had a dispute about parking our car at the back of the building where we live. We are sitting tenants of many years under The Rent Act. The landlord bought the building (formerly a well known bank who one of us worked for) on the cheap (due to our protected tenancy) and once they knew they couldnt get us out they tried everything possible to make life as difficult as they could. Our lease was vague about parking and allowed “temporary parking daytime only” in it (as a standard bank-flat lease would so that staff could park during the day).
    The dispute over car parking began after we reported the landlord (a company operating on the premises) to the council for not seeking planning permission regarding major changes to the use of the building which is also Grade2 Listed by the way.
    (We only have the retaliation as hearsay after one of the directors told us face to face the reason for the court action after we confronted him on the premises).

    We were sent papers from their solicitors claiming trespass and nuisance and went to court to defend ourselves with a barrister with what little money we could afford.
    It all ended without success as we couldnt afford to continue the action and we ended up with a Tomlin order agreeing under duress to park for a short space of time twice a day.
    The building has now changed hands many years later and the old landlord we had the dispute with has long gone and now we are informed by the new owners that the Tomlin order is still in place.
    We would of course be observing the twice per day agreement in the schedule...but we have a further complication.
    The new owner (a property developer) has now engaged the services of a car parking company and notices are on the wall at the back of our building preventing us from parking at all because we are not an “authorised vehicle”.
    We have been seeking clarification from the new landlord about parking within the terms of the Tomlin order schedule for several months now after we were given a £100 parking charge by the car parking company who presumably know nothing of our legal proceedings from the past. We paid the fee rather than enter into a battle with the car parking company.
    Our next door neighbour has kindly allowed us to park outside their flat as a temporary measure but we are afraid to park at the back of our flat even just to get our shopping up the stairs in case we end up with another bill for £100 from the landlords parking agents.
    We are unable to pay out legal costs to try and fathom out this conundrum but any help would at least put our minds at ease if we just knew where we stood.
    Can we somehow end the Tomlin order?
    Is the new landlord in breach of the order if he prevents us from obeying the schedule by making it impossible for us to park?
    It seems such a ridiculous situation to be in and even our lease has a provision for temporary parking so what can be done about this?
    Thank you.
    Python.


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  • #2
    Do you have a copy of the Tomlin Order still ?

    The Tomlin would make you an 'authorised vehicle' I would suspect and your landlord needs to ensure that you are able to park under the terms of the Tomlin and your lease without issue.

    I'll move you to the housing forum so your post will get seen.
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    • #3
      Originally posted by Amethyst View Post
      Do you have a copy of the Tomlin Order still ?

      The Tomlin would make you an 'authorised vehicle' I would suspect and your landlord needs to ensure that you are able to park under the terms of the Tomlin and your lease without issue.

      I'll move you to the housing forum so your post will get seen.
      Pardon the slow reply. We have challenged the landlord about our authorisation to park under the Tomlin. They have said they will not ticket our car as long as we stick to the 20min twice a day ruling.(I have a copy of the Tomlin order by the way). The odd thing in the order is that we agreed “not to park in the road at the back of the building”. There is in fact no “road at the back of the building”. Its just an access driveway which leads to space for parking. One wouldnt park in the driveway anyway (which is the only thing that could be likened to a road and would block access to our neighbours parking areas). It is a common area for the whole block so its beyond the landlords power to stop us using the driveway. The parking area in question is not a road at all just a space about 40 odd feet long bordered at each end by other properties. Surely the Tomlin should have been describing the parking area at the back of the building? If its worded wrongly could we get something done to cancel the order?

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