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View Full Version : Worth suing for lost parking permit ? Separate deposit in future ?



Pobinr
20-02-2010, 06:55 AM
I pay £220 pa for a parking permit to the freeholder of one of my flats. The tenant that's just left has lost the permit & it's got 9 month to run. I've just learned that the freeholder won't issue duplicates. So I'm £165 out of pocket & I'm left with a flat to let with no off road parking for 9 months !
What's the chances of a small claims court deciding in my favour if I took the ex tenant to court for £165 ?
In future I need to create an incentive for tenants to take care of the permit & return it at the end of the tenancy.
If I charge the tenant a separate deposit for the permit, can it be treated as outside of the deposit registration scheme without infringing the law on tenant's deposits ?

JK0
20-02-2010, 10:26 AM
I would have thought you could reasonably reclaim the money from the tenancy deposit. Have you already tried this and failed?

I realise you want to let the flat with the benefit of parking, but I think pragmatically in the future, you might as well let the tenant make their own parking arrangements.

By the way, are you sure the tenant has lost it? Some of my flats are handy for the shops, and it is not unknown for previous tenants to continue to use the parking long after the tenancy is over. Just a thought!

Lawcruncher
20-02-2010, 11:02 AM
You need to get onto the freeholder and argue as follows:

What you paid for was the right to park, not the thing called a permit, which was only evidence that you had paid for the right to park. They should accordingly allow you to continue to park and if that means a permit is needed they should issue one.

Pobinr
20-02-2010, 17:40 PM
You need to get onto the freeholder and argue as follows:

What you paid for was the right to park, not the thing called a permit, which was only evidence that you had paid for the right to park. They should accordingly allow you to continue to park and if that means a permit is needed they should issue one.Good point. However as I recall the agreement states not to let others use the permit !
The managing agent knows the flat's let out.

westminster
20-02-2010, 17:48 PM
I agree your best bet is to try to get a replacement from the freeholder. I would also try to get formal permission to assign the permit to the tenant of the property - the managing agents may already know, but it would be better to get it in writing.

Pobinr
20-02-2010, 17:49 PM
I would have thought you could reasonably reclaim the money from the tenancy deposit. Have you already tried this and failed?
I realise you want to let the flat with the benefit of parking, but I think pragmatically in the future, you might as well let the tenant make their own parking arrangements.

By the way, are you sure the tenant has lost it? Some of my flats are handy for the shops, and it is not unknown for previous tenants to continue to use the parking long after the tenancy is over. Just a thought!
She didn't pay her last month's rent so the deposit's gone on that month's rent. There's no protection of deposits from the LL's point of view I'm afraid.
Luckily the new tenant's moving in next weekend don't have a car but would like the permit for visitors.
Having said that, in future I'm not going to let tenants have the permit unless they own a car. If the permit gets used only for visitors they can obviously all too easily drive off with it & it gets lost.
As regards the ex tenant or their friend's using the permit. That permit should be made void. They should get clamped for it. The system should be such that a new permit is issued with a new serial number & the clampers are made aware of the number of the void one.
All this is too much bother for the freeholder, the managing agent & the clampers. It's understandable that they simply say 'no duplicates' it's the easy way out for them. It does seem unfair though.
If I jump up & down too much they might decide they won't renew the permit in Oct because there is no legal obligation on the part of the freeholder to issue a permit to me the leaseholder.

westminster
20-02-2010, 17:52 PM
If I charge the tenant a separate deposit for the permit, can it be treated as outside of the deposit registration scheme without infringing the law on tenant's deposits ?
p.s. A deposit is any money held as security against the tenant's obligations in the TA. Not worth the risk of falling foul of the legislation. Simplest just to increase the deposit amount, and add a provision for loss of permit in the TA (assuming you can't get a duplicate if lost).

Pobinr
20-02-2010, 17:56 PM
I would have thought you could reasonably reclaim the money from the tenancy deposit. Have you already tried this and failed?

I realise you want to let the flat with the benefit of parking, but I think pragmatically in the future, you might as well let the tenant make their own parking arrangements.

By the way, are you sure the tenant has lost it? Some of my flats are handy for the shops, and it is not unknown for previous tenants to continue to use the parking long after the tenancy is over. Just a thought!I've emailed 'mydeposits.co' to see if I can do that or If not then see if I can simply take a separate deposit for the permit that could hopefully be outside the deposit scheme as it's not the flat as such.