Problems with Estate Agent!

[jmar2971]

Hello

Now I beleive this may be in the wrong section. So if that is the case I apologise and if someone can send me the right way.

Anyway I am currently renting a downstairs apartment of a house which has a concreted back yard with space for parking. Now the problem I have is that I got a voicemail today off my phone from my estate agent, stating that the tenants that lived above had complained about two cars been in the yard and that they had been told it was a communal yard.

When I took out the agreement with friends we where told that the yard was ours for parking and in none of the agreements I have signed for the apartment does it state that the yard is communal and has to be shared.

Can someone on here please tell me if I am right to just keep using the yard as I please?

Thanks

[JQ]

Does the agreement state the yard is solely for your use, or is it silent about the yard?

[jmar2971]

The agreement is silent about the yard.

[herewego]

Maybe the agent said you could park your car there without specifically saying it was for your use only. If he specifically said it was only for your use then I would expect to hold him to that. Otherwise I would expect all the external areas to be communal. Have you asked the other tenants if they have something written in their agreement?

[Wings]

If you took out a tenancy agreement on a property known as "a flat", then unless stipulated otherwise, you would be renting all the property, including any garage or hard standing. It is possible that your letting agent contacted you, and that since the block of leasehold flats, the Management Company in turn contacted your landlord (the leaseholder) who in turn contacted the letting agents.

If your flat has one parking space, then only the same would be designated/goes with your tenancy.

[jmar2971]

Thanks for the information so far. I haven't had a chance to speak to the above tenants as at the moment I am at home. The advert and the estate agent told me the yard was for us to use for parking or other things. When we viewed and spoke about the place the was never a mention that the yard was communal.

[jmar2971]

Adding to my last post, the house is a standard student accomodation where it has been split into two flats us having the ground floor.

I managed to speak to another person working at the estate agent and they have said they have never known an upstairs flat in this case having access to the ground floor yard. So will see what happens. I am just going to have to argue that the contract did not state the yard was communal and that the advert for the flat stated off street parking in the back yard.