Can freeholder change how visitor bay is used?

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    Can freeholder change how visitor bay is used?

    In a purposed built block of flats with 3 visitor parking spaces, no other communal/shared parking facilities.
    Lease mentioned nothing about visitor parking, it only say "no parking in front of garage" and "not to park anywhere else to cause nuisance and annoyance."

    Can the freeholder
    1. Remove the visitor parking space?
    2. Issue fines or charges for abusive parking (say, some people hogged the space for weeks)?
    3. Make new rules about using the visitor parking spaces, specifically, hire parking enforcement and restrict parking time limit to X hours only?

    If, none of above is possible, how do freeholders go about solving abusive parking?

    #2
    If your lease says the freeholder can make changes to the lease for the better enjoyment / safety of the premises, you may be able to remove the visitor parking spaces.
    Of course changing the lease means adding to your list of freeholder rules and regulations , which covers the freeholder common parts ony, such as driveway, rear garden, etc -- those parts that are not demised to any leaseholder, which just need a revised list.

    Items that can be added, for example,
    No more BBQ's in the rear garden ( why - because fire hazzard, can burn the grass, and no one cleans the sause / gravy off the grass for when you go sunbathing )

    You can't issue fines unless the lease says so, although to can tryan administration charge of £ 30 for warning of an infringement.

    You can no longer have parking enforcement on freeholders land for leasehold flats.

    Your lease may state - Not to cause an anoyance to anyone, and if any anoyance occurs - do them for breach of the lease, but not just because someone else wanted to park there.
    Blocking garages is an anoyance as well.

    Myself. I dont like putting my car in the garage if i am going out an hour later, and it's raining, and others will dislike the same.

    You need to expand on the just "Leaseholders park in the visitors spaces"

    But, remember this, people who don't live there, dont pay service charges, ground rent , are not contributing to the new driveway surface when required, can park there when ever they like, but leaseholders can't. ! ! !
    Bear that in mind ....

    Comment


      #3
      Originally posted by ram View Post
      If your lease says the freeholder can make changes to the lease for the better enjoyment / safety of the premises, you may be able to remove the visitor parking spaces.

      You can't issue fines unless the lease says so, although to can tryan administration charge of £ 30 for warning of an infringement.

      You can no longer have parking enforcement on freeholders land for leasehold flats.

      Thx Ram. I can't find any law saying parking enforcement on freehold land for leasehold flat isn't allowed?
      The lease says the freeholder can add rule/regulation deem necessary or expedient for the management care and cleanliness of the Buildings and for securing the safety comfort and convenience of all the occupiers of and visitors to the Buildings.
      Does this not give us the right to bringing about parking enforcement?

      Leaseholders is dead against this option saying we need to put it though a ballot. but the freeholders are bombarded with constant parking complaint and it's very tiring.



      Comment


        #4
        Parking issues cause as many complaints as anything else. Subject to anything within the lease, It is reasonable to provide parking spaces for visitors. If you remove them, what do you intend to do with them?
        My understanding is that parking enforcement may be used on private land, however, if you consider that current complaints are tiring, wait until you start issuing penalties,
        Again subject to the lease, you may be able to introduce new rules but it is practically impossible to cater for all circumstances, you will have the long distance relative who visits once a year and stays for a few days to others who want to use a space for a very short time.
        You should aim to target leaseholders who abuse the rights of others by parking permanently a second vehicle in a visitors space but otherwise allowing the spaces to be used on a first come basis is usually the fairest.
        Whatever you choose to do, do not expect the complaints to end.

        Comment


          #5
          Can the freeholder
          1. Remove the visitor parking space? If the area was set out and designated as a visitor parking space then probably not.
          2. Issue fines or charges for abusive parking (say, some people hogged the space for weeks)? No.
          3. Make new rules about using the visitor parking spaces, specifically, hire parking enforcement and restrict parking time limit to X hours only? If the lease allows you to make new regulations, then yes. The new rules need to be reasonable. I do not see hiring parking enforcement as an option.

          Comment


            #6
            Yes of course you can have parking enforcement on private land if neither demised nor any rights over it given in lease. Best employ private firm to erect signage and enforce fines. Maybe enforce a time limit unless special exemption given ? ( Visiting mother in law).

            Comment


              #7
              If when first sold the flats were advertised with visitors' parking and/or visitors' parking has always been available, there has to be an argument that it cannot be taken away. Even if the argument fails then, if Pete_Manor has had trouble with the leaseholders, it is nothing like the trouble he will have if he takes the facility away or brings in a parking firm.

              A possible solution is for Pete_Manor to ask each leaseholder for his views on what they think he should do. He can then on the basis of what he is told prepare some draft rules and submit them for comments. Once he has the comments he can then finalise the rules. If he does that no one can complain they have not been consulted.

              Comment


                #8
                Hi, I will amend my above ( about parking enforcement ) it's the clamping of vehicles that i read, was now banned ,
                So don't go clamping vehicles yourself.

                Comment


                  #9
                  It is extremely difficult, if not impossible, to remove a right for visitors to park without causing complaints. You should check the plans which were attached to the lease. You will probably find that some leaseholders bought on the understanding that visitors parking spaces were available,
                  You have seen that reasonable rules may require exceptions which will lead to leaseholders enquiring why you made an exception and that in turn will result in leaseholders claiming the same or similar exception.

                  Comment


                    #10

                    Thanks for the great inputs. Checked the title plan and the lease now. It looks like the freeholders can't remove any parking space because it was there when the block was built in the 70s. The title plan has parking spaces on drawing although it's different than what's actually there right now.

                    The lease doesn't say anything about what happens in the event of breach of lease, so far we have been sending email/posts to the offending flat and their tenants, nothing more. We've written to all leaseholds and residents 2 weeks ago saying that if we receive more complaints than we could handle in the next few months, we will have no option but to bring in parking enforcement. (We've been approached by a parking enforcement company that will offer parking management for free.)

                    The lease allows freeholders to make new rules so the other freeholder and I felt this would be alright. However, many leaseholders and residents were very unhappy about it and are sending emails telling us that we can't add any parking restriction or it'll encroach on their right of using the land they currently enjoy...etc. Is this true? Does anyone know how much legality is there in this arguments or is it just "opinions"?

                    Comment


                      #11
                      Any new rules or changes need to be reasonable and proportional. They cannot be used to remove or cut down any existing rights or privileges the leaseholders enjoy. It has to be doubted that introducing charges or penalties is acceptable.

                      Comment

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