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Disability and Housing Association

Kalabata

If you are told that you have to stop driving because of your medical condition and you SORN your car can the Housing Association tell you to get it towed away even though its on the house drive? We received a letter that tenants cannot have SORN cars .

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Comments

Kimi87

It will either be a condition of your tenancy agreement that you signed, or a wider policy regarding use of HA land.

The car is parked on HA land so they are entitled to enforce either a tenancy clause or a "no SORN cars on our land" policy.

The reason why your car has been sorn'd likely doesn't matter in terms of expecting your compliance.

Kimi87

Some information about SORN:

https://www.gov.uk/sorn-statutory-off-road-notification

Kalabata

It looks as if I may be right as I have been sent this by my support worker—-

In the case of a tenant unable to move a car:

If a disabled tenant is unable to move their car from a specific area because of their health condition, and the housing association:

Issues threats of penalty, fines, or removal without considering the disability, or
Fails to explore reasonable alternatives (e.g. assistance or exemptions),

then that may constitute:

Discrimination arising from disability under Section 15, and/or
A failure to make reasonable adjustments under Section 20 of the Equality Act.

Littlefatfriend

Sorry Kalabata but Kimi87 hit the nail on the head. It's their land.

Some (perhaps most) landlords will have rules about what tenants can and can't do on their land. Otherwise tenants could have open fires, damage gardens, and fill the gardens with all sorts.

Technically, the reason you wouldn't be able to move a SORNed car from the garden would be because it was SORNed, not because of your disability. You could pay someone with a car transporter to do it.

Your tenancy agreement will likely tell you the precise rules your landlord has. If they aren't clear ask your landlord to clarify them for you.

Perhaps your landlord may be willing to consider what you plan to do with the car in the long run. Is this temporary? Explaining that may help.

If the landlord has a rule about it you can only appeal to them. Again, it's their land, they make the rules.

Kimi87

Does your landlord know the reason the car has been SORN'd, and that you are disabled?

Have you explained the situation to them, and been offered/requested assistance to remove the SORN'd car from their land?