Landlord imposed Parcking Enforcement Co

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Landlord imposed Parcking Enforcement Co

    The Landlord contracted a Parking Enforcement Company to patrol our Secure Car Park. The Parking Co has demanded we each buy a Permit to Park and dishes out 'fines" if we do not have a Permit, they are then very forceful in chasing fines, even using Debt Collection Agencies.

    There is no requirement in the Lease for a Permit, but the Landlord relies on a Clause in the Lease which states "Landlord can impose rules for use of the Car Park".

    As the Landlord (via the Parking Co) is demanding Money can this be described as a Variable Service Charge?

    If the Fine and other charges do not contain the usual explanatory documents that accompany a Service Charge what legislation has been broken?

    #2
    Will be watching this with interest as I am in a very similar situation.

    We took the Freeholder to LVT (as was) who found that there was no provision within the lease to extract parking charges from residents, so it was not reasonable behaviour by the FH, and all charges were disallowed. This approach may be negated by your FH's clause to be able to 'impose rules' but worth bearing in mind if the lease isn't explicit about the right to extract parking charges.

    I'm also investigating the 'change of use' from residential to commercial with our local planning dept - if the change from one to the other requires planning permission, and that planning permission was not sought or granted, that may be another angle to approach it from. EDIT: But probably only if your FH has opened the space up to non-residents.

    Comment


      #3
      Whilst I'm not certain that the permit fee is a service charge (although it does seem likely), the fines are not. They may will be administration charges, which require different formal paperwork.

      The permit will also be more of an administration charge, if you only have to buy it if you want to use the parking.

      Comment


        #4
        Why don't the leaseholders get together and buy the freehold and get rid of the parking company.

        Comment


          #5
          My Lease states

          - Allocated Car Parking Space - the car parking space (if any) shown edged red on the Plan denoted Car Parking Plan

          - the exclusive right to park a private motor car or motor cycle on an Allocated Car Parking Space allocated by clause 1 .2 (if any) together with the right to drive over such part of the car park and Accessways as are required to gain access to and egress from the space

          - comply with such regulations as may be reasonably issued by the Management Company from time to time relating to the use and management of the Estate

          How is it reasonable to impose charges for using my Demised Property?
          Secure floor to ceiling gates stop anyone else parking in our car park.
          Could they impose charges for using my Lounge?

          If the charges are Administration Charges, what documentation should accompany the demand? All we got were Parking Notices in a little yellow bag.
          Last edited by Magnus; 10-01-2018, 10:30 AM. Reason: Edited for bad formatting

          Comment


            #6
            The parking space seems to be an easement, not a demise.

            My guess is that you would have to go to the FTT for certainty, but there is a good chance they might rule in your favour.

            The notice for administration charges is in https://www.lease-advice.org/advice-...arges-england/

            Comment

            Latest Activity

            Collapse

            • service charge based on rateable values
              Foreverleaseholder
              I own a leasehold flat in a building of 4 flats - different sizes, mine is the smallest-almost a studio flat (3 leasehold flats + 1 freeholder’s flat).
              Since I bought the flat the freeholder has been calculating the service charge by simply dividing the costs four ways.
              Very recently...
              20-04-2018, 10:40 AM
            • Reply to service charge based on rateable values
              Lawcruncher
              That reads like a summary of the clause and does not quite make sense. Please quote the exact wording. In the meantime, assuming the effect of the clause is that each flat pays a proportion according to rateable value and does not elaborate further, then I think you have to go by the rateable values...
              21-04-2018, 21:03 PM
            • Director Issues
              amog78
              I own a share of the Freehold. There are 24 flats in the complex, 16 of which took up the opportunity to purchase the freehold, including myself. The remaining 8 flats are Leasehold and therefore pay Ground Rent and Service Charge. Our Directors have recently decided that the Ground Rent paid by the...
              21-04-2018, 16:57 PM
            • Reply to Director Issues
              leaseholder64
              That should, of course, have been corporation, not cooperation, tax, as no-one wants to cooperate in paying tax!

              As well as corporation tax, those receiving the dividends would need to declare them on their tax returns, although it is possible that they would be below the dividend threshold....
              21-04-2018, 18:52 PM
            • Ground Rent Term 2 question
              KarenL
              Hi,

              I've been reading this forum for quite some time and found it to be REALLY useful. We have 4 houses which we rent out, so thanks for all the posts.

              I thought I would ask my first question as I have googled this and can't find anything.

              One of our properties...
              21-04-2018, 13:08 PM
            • Reply to Ground Rent Term 2 question
              KarenL
              Thank you so much for that.

              Just one (maybe silly) question.
              Why is it £1 and not £25 (which is the real ground rent).

              Oh and the reason for all this is that the landlord/freeholder has asked for almost £5,000. All our enquiries have shown it to be around £350
              21-04-2018, 18:15 PM
            • Reply to Director Issues
              leaseholder64
              Also, how is the cost of, at least, filing confirmation statements being funded, if not from the ground rents?

              You also still have to pay service charges.
              21-04-2018, 17:10 PM
            • Reply to Director Issues
              leaseholder64
              All 24 flats are still leasehold.

              Buying out he freehold doesn't change the leases, so you still have to pay ground rent.

              You are confusing the members of the company that owns the freehold, with the freeholder. The company is the one and only freeholder.

              I think...
              21-04-2018, 17:07 PM
            • Costs to get FTT decision on the terms of collective enfranchisement
              Lorimer
              We are in the middle of a Section 13 collective enfranchisement claim to purchase our freehold. The freeholder's counter notice stated that he wanted more money than we offered and also stated that we are not entitled to include the large communal garden to the side of the building in our enfranchisement...
              16-04-2018, 09:26 AM
            • Reply to Costs to get FTT decision on the terms of collective enfranchisement
              Lorimer
              1. The garden is on the same freehold title as the building in which the flats are located.
              2. Leaseholders have paid grounds maintenance monies over the course of c.20 years for the upkeep of the garden.

              We have been advised that the garden cannot be classed as appurtenant land because...
              21-04-2018, 15:58 PM
            Working...
            X