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Legal matters

Some information on Rights of Access please

3 replies

mixedmamameansbusiness · 09/02/2012 11:40

A little background:

My parents and brother live in a housing association property that has various restrictions over car usage. E.g. you cannot apply to the local authority for a street parking permit. After lengthy emails and a towing incident a lovely policeman finally helped my mum getting a parking bay on another estate (although a permit to park within the allotted public roads would have been sufficient). They did accept the property knowing this would be the case, but various issues meant they were not in a position to refuse. (Lost their home dues to ill health etc).

The latest issue and the one I need some advice with is that there are two entrances to the estate, one pedestrian entrance and one vehicle entrance. The vehicle entrance does have a side gate for pedestrians.

There have been instances when the gate is open of DHL, Tesco and various others being clamped (they are there delivering for less than 5 minutes). The association are refusing to give tenants who have not purchased a bay (£10k) a fob to enter with a vehicle, perhaps a cab after a late night and you want to be dropped to your front door, perhaps to unload your heavy shopping (my dad has suffered a stroke in the past and my brother suffers with various related issues to his mental health which on occasion affect him physically) and more importantly for my parents and possbly other residents the unloading of young children. My parents support us a great deal with childcare3 and the children are 6,4 and 10 months and travel with all sorts of luggage and therefore my mum usually drops them to the house (5 mins blocking no entrance or road) and then goes and parks elsewhere and walks 10 mins back. That is our personal circumstance, and my dad last night referred to feeling like he is being imprisoned.

Is there any basis for us insisting on fobs being issued to all tenants. It is a legitimate entrance to the estate and as tenants should they not be allowed a fob. It feels somewhat like if you have a house you are only given the front door key but not allowed to use the back door.

Apologies for the length and any help greatly appreciated.

OP posts:
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Collaborate · 09/02/2012 12:17

The tenancy agreement governs their rights.

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mixedmamameansbusiness · 09/02/2012 12:22

So they wont be able to enter the estate with a vehicle for the purposes of unloading as they wont be allowed a fob? Even though they legitimally could unload on a yellow line on a public street?

OP posts:
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Collaborate · 09/02/2012 12:37

If that's what it says in the tenancy agreement.......

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