Parking-space allocation/use problems

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    Parking-space allocation/use problems

    hi guys

    i am leaseholder have owned my flat and lived here for 19yrs its a block of
    8 flats and courtyard parking for 4 cars over the past year 4 of the flats have been rented out and the tenants have been taking the car spaces what are my rights as a homeowner/occupier!!
    Many thanks

    #2
    Originally posted by ripvan1973 View Post
    hi guys

    i am leaseholder have owned my flat and lived here for 19yrs its a block of
    8 flats and courtyard parking for 4 cars over the past year 4 of the flats have been rented out and the tenants have been taking the car spaces what are my rights as a homeowner/occupier!!
    Many thanks
    What does your lease say?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      hi jeff

      the lease states
      the right of the use of the car park in the forecourt coloured brown on the said plan and the garden at the rear coloured green on the said plan such rights to be enjoyed in common with all other persons entiltied to the like right.

      does this mean the people that rent have the same right as the people that own and live in their flat we have a land registry??????

      thx

      Comment


        #4
        Originally posted by ripvan1973 View Post
        hi jeff

        the lease states
        the right of the use of the car park in the forecourt coloured brown on the said plan and the garden at the rear coloured green on the said plan such rights to be enjoyed in common with all other persons entiltied to the like right.

        does this mean the people that rent have the same right as the people that own and live in their flat we have a land registry??????

        thx
        Yes. Unless you personally hold a lease that gives you (lessee) an exclusive space- either including that specific space in "the demised property" or allocating use of a specific space for you alone - you have to take pot luck with everyone else.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Selfish Parking Arrangements

          Hi fellow sufferers and experts.

          I am a lessee of a house attached to the rear of a block of 8 retirement flats which is collectively owned and run by an RTE Company. Access to the car park is via a tunnel under the flats where there is a drop off point which is clearly defined on the Lease Plans. I recently complained to the Lessor about residents and visitors using this area as a parking space. There is not sufficient space to enable this action without hindering access to the rear carpark.It is also considerably narrower than the dimensions stated on the Lease Plan.
          The lessor has then proceeded to erect a sign saying drop off point and short stay parking. The trouble is what defines the period of time for short stay parking. Vehicles left there overnight are restricting the exit which as I have many elderly relatives becomes very worrying in times of illness and emergencies.
          I am also waiting for a hip replacement so rely on my vehicle for getting about.

          Surely this is an un-variable planning covenant?

          The Lease states:

          You are not to park or cause to be parked any vehicle other than a roadworthy private vehicle on any part of the development other than in the garage/parking space provided or cause or permit to be caused any obstruction which might prevent proper access to or from the other garages/parking spaces.

          Also, what do they actually mean by a roadworthy vehicle. A lessee was recently made to remove her vehicle from her parking space because it did not have a current road excise licence.


          Thank you

          Comment


            #6
            Originally posted by hezekiah View Post

            The Lease states:

            You are not to park or cause to be parked any vehicle other than a roadworthy private vehicle on any part of the development other than in the garage/parking space provided or cause or permit to be caused any obstruction which might prevent proper access to or from the other garages/parking spaces.

            Also, what do they actually mean by a roadworthy vehicle. A lessee was recently made to remove her vehicle from her parking space because it did not have a current road excise licence.

            Thank you
            Not sure bout the rest of it but I was of the impression that a roadworthy vehicle implies a vehicle with up to date M.O.T/Insurance/Tax disc etc
            My views and posts are based on my opinion and any advice given is just that, advice. If you decide to act on any advice given it is with the full knowledge that I am not perfect and anything I say could be wrong!

            Comment


              #7
              1. Lease covenants are quite distinct from planning conditions.
              2. Lessees must comply with lease covenants. If they don't, L can enforce against them. Often, a complaining lessee has power to compel L to enforce (i.e. if L included an enforcement covenant, on his part, in each lease).
              3. I agree that 'roadworthy'- if otherwise undefined- probably means 'having an MoT certificate if required'. Being without a Tax Disc (Road Fund Licence) or compulsory insurance does not make a vehicle 'unworthy' of being driven on a road (even though such driving would certainly be unlawful).
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Thanks Sorrel and Jeffrey.

                a Also is an allocated parking space only to be used solely for a roadworthy vehicle or can other items be stored there ie: sheds, building materials, etc etc.

                b Me referring to the pickup/drop-off point as a planning covenant is most likely to be incorrect.

                I’m relatively new to understanding the legal jargon involved in Leases and supporting acts but am trying my hardest to sound like I no what I’m talking about.

                Thanks again for replying.

                Comment


                  #9
                  Originally posted by hezekiah View Post
                  Also is an allocated parking space only to be used solely for a roadworthy vehicle or can other items be stored there ie: sheds, building materials, etc.
                  This depends on what lease covenants state. They might restrict use or they might not.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by hezekiah View Post
                    Thanks Sorrel and Jeffrey.

                    a Also is an allocated parking space only to be used solely for a roadworthy vehicle or can other items be stored there ie: sheds, building materials, etc etc.


                    Thanks again for replying.
                    Now Iv had this one before, someone used their space to put a shed up and the lease said they couldn't. When we informed the leaseholder instead of removing it he jacked it up and put some wheels on it. We informed him then it wasn't a road worthy vehicle because it didnt have a valid tax disc etc.

                    Usually most leases allow for a vehicle and nothing else however as Jeffrey says you will need to check the lease fully, if it states road worthy vehicles only then I would take that as not allowing sheds etc.
                    My views and posts are based on my opinion and any advice given is just that, advice. If you decide to act on any advice given it is with the full knowledge that I am not perfect and anything I say could be wrong!

                    Comment


                      #11
                      Thanks again

                      Comment


                        #12
                        Originally posted by Sorrel View Post
                        someone used their space to put a shed up and... instead of removing it he jacked it up and put some wheels on it.
                        That merits the classic McEnroe response!

                        Comment


                          #13
                          Originally posted by Lawcruncher View Post
                          That merits the classic McEnroe response!
                          No! If it was in Newcastle, I can quite believe it. They probably turned it into a mobile food van and flogged burgers from it. In fact, I think I've seen it in the South Gosforth branch of Wickes.
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            A vehicle is a conveyance used on land or space.Roadworthy, fit to be used on the road. No mention of tax discs, MOT’s or insurance. What is the definition of fit?

                            Comment


                              #15
                              I think in this context "roadworthy" means something like "in working condition", i.e. the intention is to stop people parking wrecks without wheels or vehicles acquired with the intention of working on them rather than using them.

                              Comment

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