Freeholder wants to rent out parking spaces - can I buy the freehold?

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    Originally posted by sgozzard View Post
    Will I have to pay for maintenance for the area even though I can't now use it?
    This depends on what your lease says. If the area is described in your lease as being an area that you must contribute service charges to, then yes, you will have to pay for maintenance of the area even if you can't use it. This info would typically be found in the definitions or recitals section of the lease where it describes "the building" and the plan that is associated with the building.


      I was in a similar situation to this, albeit with an aggressive third party business freeholder (see my post history for details). The car park in our block was not demised to any single resident, but was defined in the lease as being shared space, which initially was gardens and by the time I bought it, retarmaced to a car park. By custom we had parked there, but the right to park was not reflected in any lease by default.

      The freeholder began selling the rights to park to third parties. I think if he'd stopped there, he'd have gotten away with it - our only defence was going to be based on proving that allowing third party access to a demised space was likely to cause a nuisance, which is quite a high bar and difficult to prove.

      However the freeholder DIDN'T stop there. He also tried charging residents for parking in a demised space for which they paid the upkeep. He ticketed cars which didn't pay the parking fees. He clamped them. He chased residents through the court for his money. He didn't get it.

      Your lease may not demise a parking space to you. But it also, I presume, contains absolutely no rights for the freeholder to levy parking charges upon you. This right here is a two way street.

      I would definitely recommend talking to your freeholder at first. Keep things friendly. Be as nice as possible. But also be prepared to ask where the lease allows her to levy such charges. I doubt very much that it does, and that means she needs to be quite careful about how she approaches this. This should at the very least allow you to have a fair conversation with her.


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