Front garden to parking

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    Front garden to parking

    I have a long lease on a flat in a Victorian converted building with a demised parking space on the driveway. The Landlord is currently selling the two other flats in the building, which previously were tenanted. To make them more profitable he has concreted over the front garden to create a parking space. My lease says the garden is Common ground and retained parts and says it was `intended to be used by the tenants and occupiers of the Building’, `for normal quiet recreation purposes’. The flats are being offered with `allocated' parking spaces but may possibly be exclusive or demised. I was given no notice of the development and I think it was done without planning permission (space 5mx4m), with concrete right up to the building facade. they also drilled holes around building presumably for damp. Has he derogated or spoiled my quiet enjoyment or can he just do this? Thank you

    #2
    You could challenge it but what do you hope to gain by that?

    Have you actually been deprived of anything other than a notional right to common space?

    Your quotation marks do not make it clear what the lease actually says; I'm guessing that you have missed parts out?

    Comment


      #3
      I would object. Nobody should be allowed to ignore the lease. He has taken away an amenity. Where will water drain that went on the garden.

      I'm sure if you wanted to do something that increased the value of your flat he would want compensation.

      I would politely inform him that he cannot unilaterally take away a right demised to you. Then consider his response.

      Comment


        #4
        Again, what is the OP hoping to achieve?

        It's highly unlikely that it will be dug up and the garden reinstated, or is the OP angling for financial compensation?

        Comment


          #5
          Thank you for both replies. Both valid ways forward. The Landlord, a Church Trust, is also trying to sell off the two flats beneath me and eventually wants to sell the freehold. So far I have had good relations with Landlord but now he is also trying to move my own demised parking space on the drive, to a slightly altered position sited over 3 gas meters, a down pipe and a drain, to create room for turning to access the hard standing he has created at the front garden. The Landlord has not been willing to consult with me at all and despite very polite comms from me, has come back telling me I must just basically do what I am told. So I'm wanting to take further action to reinforce my rights as I believe the resale value of my flat is reduced thanks to the ugly eyesore at the front which is not approved by council and just non-porus slab concrete right up to the building. I had hoped my good relations would help me secure a reasonable freehold price/offer but I now see this is impossible, so I may try to use these derogations to secure it for free. What do you think?

          Comment


            #6
            The lease is a legally binding contract. The landlord cannot simply boss you around. If Freeholder wants lease altered must have your agreement.
            I have had professional dealings with Church commissioners. Their sole purpose is getting the money. Forget about any value in good relationships. They act separately to the Church.
            I suggest contacting LEASE. They will provide free qualified legal advice.
            I always prefer email response for written evidence.
            Also, I would inform them that you are holding them in breach of the lease which you want remedied. You will not move your parking space. It is your right to park there. This further arrogant order shows how important it is to insist on the lease.
            You are in a strong position. I wouldn't give it away.
            ​​​​​​​

            Comment


              #7
              Thanks Scott, yes this has been a wakeup call for me, believing that the church would act in good faith. Being told that their changes would not impact my lease, when i asked for further and better details of the changes was arrogant and patronising. I have mulled this over and decided to seek specialist legal advice advice and representation to go after them. My home is my biggest asset and it's worth the outlay to defend it, to make sure any future prospect of sale is sound and avoid future issues with my neighbours where possible. Oh and I will seek costs as it's a mess of their making. Your advice was much appreciated to confirm my thoughts. Kind regards Michelle

              Comment


                #8
                Value your words of appreciation.
                A further thought, contact your local councillor. A good one can be very helpful. It is a problem in their area.

                Comment

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