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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7533
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi,I have just rented a flat from an agency in Woking. When

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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.
Hi

How much rent are you paying per week?

Tom
Customer: replied 4 years ago.

I pay monthly: £1075 pcm.

Hi,

How far away is the closest off-site parking?

Tom
Customer: replied 4 years ago.
Hi,
It's a public car park, a few yards from the flat. 5 minute walk.
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



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Kind regards,


Tom
Customer: replied 4 years 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.


 


 

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 4 years 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?

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 4 years 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.


 

Correct.

Please rate my answer.

Tom
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