How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6438
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi,I have just rented a flat from an agency in Woking. When

Resolved Question:

Hi,
I have just rented a flat from an agency in Woking. When I was shown the property i was told verbally that the flat being a 2 bedroom flat comes with parking space so I read and signed the terms and conditions and paid the monies for 1 months rent and 1.5 months deposit. Today when I went to get the keys I asked for my parking space only for the agent to claim she doesn't remember telling me the flat came with parking space. In the terms and conditions there's no where that says parking or no parking. I no longer want to rent the flat 'cos there's no parking. The agent has agreed to make a £25 reduction from my monthly payment but that is not ok with me. It's either i have a parking space given to me or i don't want the property. The is claiming that since i've signed the agreement that it's legally binding on me, can you pls advice me further? I plan to move out of the flat when i've stayed for a period that covers the monies i've already paid. Please advice, thanks.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

How much rent are you paying per week?

Tom
Customer: replied 1 year ago.

I pay monthly: £1075 pcm.

Expert:  Thomas replied 1 year ago.
Hi,

How far away is the closest off-site parking?

Tom
Customer: replied 1 year ago.
Hi,
It's a public car park, a few yards from the flat. 5 minute walk.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


The basic position is that a tenant is bound by the contractual term of the tenancy unless the landlord commits a breach of contract which amounts to a repudiatory breach of contract, which is a breach so serious that it goes to the root of the contract so as to deny the tenancy the whole or substantial whole of the benefit of the contract.

If they confirmed verbally that a parking space would come with the flat then this would be a breach of contract, however if it was only verbal you would be relying on the Court accepting that this was agreed.

If they accept that it was a term of the tenancy then you are entitled to be compensating for the loss of amenity that you suffer. I would say that forcing you to walk five minutes to get to your car falls short of a repudiatory breach of contract so I would not be confident in advising you that you could terminate unilaterally without successfully avoiding being sued.

I would say though that £25 per month is too small a reduction and would aim for settling around £75 (at a guess) but negotiate starting around £100



Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Hi,


 


Thanks for your response. I am thinking of negotiating with them on the reduction as £25 is too small an amount to buy parking space on the site. If I we can't agree on at least £75 I will be thinking of suing them or at least reporting to citizens advice bureau. Whether or not I decide to go to court, I've decided I will continue to pay my rents at the initial agreed rate until advised otherwise in writing or in court.


 


 

Expert:  Thomas replied 1 year ago.
Hi,

Yes, that's fine. Litigating with them won't affect your right to remain in the flat.

CAB are there to provide free legal advice. Reporting them does not mean they will be proactive about it, ti just means they will advise you of your options.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.

Hi,


 


Many thanks for your adivce, I'll litigate for a few weeks and notify CAB so I can weigh my options and act on the best possible advice i get from them. Do you think that a signed document for the rent reduction can serve as evidence in my favour that the agency should've provided parking?

Expert:  Thomas replied 1 year ago.
Hi,

Well, basically yes but if you sign a document evidencing a rent reduction then there would be no need to litigate because you woudl have settled.

Please rate my answer now.

Tom
Customer: replied 1 year ago.

Ok, I'll wait for them to send the £25 reduction paperwork then I will reject the offer asking for £100 to start with.


 

Expert:  Thomas replied 1 year ago.
Correct.

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience