Tenant would like her friend to park in her car park

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    #16
    Originally posted by leaseholder64 View Post
    The parking space may well not be part of the demise.

    You would, I hope, be licensing the space, not sub-letting it.

    Are you sure that the easements for the grounds don't cover people permitted by you. It will cause you problems with trades people if they don't. I think we need to see the actual wording.

    I do not know what you mean by "Licensing the space" what does that mean. Just that I am allowing their friend to use it!

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      #17
      Permitting non-exclusive use. Basically the same situation as when you invite a guest into your home, or take in a lodger. Even commercial car parks only licence space.

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        #18
        Originally posted by leaseholder64 View Post
        Permitting non-exclusive use. Basically the same situation as when you invite a guest into your home, or take in a lodger. Even commercial car parks only licence space.
        well that clarifies it for me. Thanks.

        Yes, I do not want the person who is parking there that they have any rights over it and could possibly, for example, say to someone else that he or she is not using the car parking space so you can use it today etc. or if the car parking space has another car in it, say a builder parks there and you cannot park in it but cannot find the person who is parked there, they cannot park in someone else's car parking space or an area not used for parking etc. Those are the scenarios you have to think of!

        I have not heard back from the tenant so perhaps she is not happy with the conditions I have set out.

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          #19
          Well I sent my tenant outlining the terms and conditions and she sent me a rather curt email back. I just pointed out that the person using the car park had no rights to park anywhere else should the parking area for the flat not be available, I talked about damage etc and you would have thought I had mentioned murder. She also questioned why he or she could not park on the hard shoulder exactly outside of the house, but this is not a car parking area although people do park there.It is used for workman to park for short periods, estate agents, and people who shifting or moving stuff, but she said why could they not use it the same as all the other Leaseholders/tenants!! So not a good start bearing in mind in effect what they are doing is subletting - which the lease does not allow - and I am sure that she will be getting paid for it.

          She doesnt seem to realise that it is, after all, a private garden and parking area, for the use of people who are actually living there and that it is not a public car park, nor is she realising that I have to go through all the scenarios so that the person who parks there does not think he has a right to park there in reality friend or not - except for short periods of time - or that he or she cannot park in other places.

          I had to check that they would park the car right up against the wall at the end to allow people to reverse out etc etc and all of that she has taken umbrage at.

          But I will allow it as she had been a good tenant all in all and there will be major works going in the Spring to the outside so I will need to be a bit careful with her so I do not want to answer now whilst I am angry at her silly response.

          It also occurs to me that she is probably charging the friend to park there. It would be worth at least £200 a month which is why she is questioning that he or she cannot park on the hard shoulder at the back of the house.

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            #20
            Originally posted by surreygirl View Post

            ...you have to go down through the garden to the car parking space and then walk up past the house.
            How do the cars get into the car park?
            Is it not possible to access the car park using the same route?

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              #21
              Originally posted by Novice Freeholder View Post

              How do the cars get into the car park?
              Is it not possible to access the car park using the same route?
              Yes that is through the garden. The parking spaces are at the end of the garden so they drive in past the house, past the front door of two flats and down past the lawn to the car park which is hidden by trees. Then, of course, the person has to walk back pasts the house and out onto the main road.

              It will be obvious to the people who own the flat which face the garden that there are people using it who are not residents.

              As I have said I do not mind but I have put a few points in just so I do not get any complaints from the other leaseholders or the person parking there taking liberties! but the tenant has taken umbrage and wants to know why they cannot park on the hard area directly outside the house which is not a parking space at all, but people do park there for short periods. But someone parking there from say 8.30am to 5 or 7pm would not be good at all.

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                #22
                Give em an inch... Surreygirl.

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                  #23
                  Always a good rule not to reply hastily and/or when you are angry.
                  I can now see all the potential problems, including setting a precedent, if she can do that why can't I.
                  When we first bought out holiday apartment I worked on the basis of friendly commonsense. Over the years experience has taught me to stick to the letter of the lease. When regulations are set out they should be followed. Most are there for a good reason.

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                    #24
                    There has been a recent case when the breach of lease was established over usage of garage as it was used by 3rd party for trade

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                      #25
                      Without knowing the exacts I'm on the side of the tenant re the parking space.(the other stuff about parking on the kerb I'm ignoring). It's her parking space and if she wants a friend to park her car on it it's her choice. If she's taking money for it, maybe different and probably against your tenancy agreement but ultimately and pragmatically not really that much of a problem.

                      Think about it this way. If you were living there as the leaseholder and wanted to let a friend use it, I bet you'd defend your right to do so if other leaseholders complained.

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                        #26
                        I respectfully disagree. Tenant is allowed to park a car. I don't expect lease to give permission for anybody else to park.
                        Additionally there are security issues. I n my opinion, it is unwise to give too many people an excuse to be around the building. The unknown person might not have just parked a car, who knows ? Might friend have passengers. People buy a lease. Rights should not be shared with other people who are not leaseholders.

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                          #27
                          Originally posted by JK0 View Post
                          Give em an inch... Surreygirl.
                          I agree to that. Give an inch and the take a yard.

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                            #28
                            Originally posted by scot22 View Post
                            I respectfully disagree. Tenant is allowed to park a car. I don't expect lease to give permission for anybody else to park.
                            Additionally there are security issues. I n my opinion, it is unwise to give too many people an excuse to be around the building. The unknown person might not have just parked a car, who knows ? Might friend have passengers. People buy a lease. Rights should not be shared with other people who are not leaseholders.
                            I agree and my lease states quite clearly that no part of the flat shall be sublet and the parking place is ceded to the flat ie it is part of the flat's premises.

                            I did tell her that if the car parking area was not available for any reason that they could not park on the hard shoulder in front of the house and she took umbrage at that, but it is not a parking area, but people do park there.

                            So really it puts me in an awkward position and also have I have said, it is after all a private car park and garden and who wants strangers walking in and out of your garden and past the door to your flat, it is not as if they live there, they are complete strangers.

                            I have said she can with a few provisions but she is not happy with that at all and of course her friend cannot just park anywhere if the car parking spot for flat 2 is unavailable. ie tree branch in the way etc.

                            It is a difficult one to be honest and has put me in an awkward position with a stranger taking over the car parking space belong to one of the flats.

                            Comment


                              #29
                              Originally posted by andybenw View Post
                              Without knowing the exacts I'm on the side of the tenant re the parking space.(the other stuff about parking on the kerb I'm ignoring). It's her parking space and if she wants a friend to park her car on it it's her choice. If she's taking money for it, maybe different and probably against your tenancy agreement but ultimately and pragmatically not really that much of a problem.

                              Think about it this way. If you were living there as the leaseholder and wanted to let a friend use it, I bet you'd defend your right to do so if other leaseholders complained.
                              yes but not on a permanent basis. However as I am the Leaseholder and also a Freeholder I would certainly charge if someone wanted to use it every day of the week.

                              I am trying to be diplomatic and not being awkward by allowing her friend to park her car there, but I have made a few provisions but the tenant doesnt like them.

                              Comment


                                #30
                                Originally posted by Anna1985 View Post
                                There has been a recent case when the breach of lease was established over usage of garage as it was used by 3rd party for trade
                                It will be a breach because my lease states that no part of the flat can be sublet.

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