Parking Bay reallocated by Freeholder without given a reason

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    Parking Bay reallocated by Freeholder without given a reason

    Hi all, I'm new here and really appreciated if I would be able to get some advice.

    I purchased a parking bay or say "a right to park" as it's an underground car park for the building where my flat is. I requested a specific parking bay and was given at the time of purchase by the development sales team.

    However, 2 years later, recently, our newly assigned management company received a copy of the parking bay list from freeholder, and I only found out that my bay number has changed and it's a bay I didn't want in the first place. I understand freeholder reserves the rights to change the parking space from time to time. so I asked my solicitor to check with freeholder's solicitor before my purchase what circumstances they may relocate my parking bay. The freeholder's solicitor replied as per below:

    "This clause allows the Freeholder to re-allocate the space if they need to, for instance this could be due to works required in the area of the space for an extended period or the seller may need to build in the area and may need to remove the space entirely. However, this does not detract from your client's right to park and they would be allocated an alternative space."

    There is no work in the parking area nor build. I contacted freeholder's customer care team, forwarded the email chain with the sales team when they confirmed I was given the bay I want and provided them the freeholder's solicitor's email quote as well. Unfortunately, all they can say is, it's impossible to change it back to me and providing no reasons for the change.

    What can I do?

    #2
    Seems to me they are within their rights to do this, I assume the solicitors quote is from a document/lease that you actually signed ?
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


      #3
      Well, the solicitor's quote is from his email to my solicitor. not something I signed.

      So you would believe freeholder therefore has the right to swap the bay without given any notification nor providing any reason?

      Comment


        #4
        It all depends what your lease says, if there is nothing in writing then no, the solicitor cant just grab a quote out of thin air but he refers to "this clause" so either it exits or it doesnt.
        Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

        I do not accept any liability to you in relation to the advice given.

        It is always recommended you seek further advice from a solicitor or legal expert.

        Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

        Comment


          #5
          The underground parking ground belongs to the freeholder.

          You only bought the right to park on someone elses ground, and not the right to insist where you may park.
          I go to shows, I purchase the right to park on someone-else's ground for the day, but does not give me the right to insist where I park.

          You are in the same position. Purchased the right to park, not the right where to park.

          Sorry, that's life, and you can't complain, as it's not your property, not your demise, not your land.
          Be thankful you CAN park.

          Comment


            #6
            I love you ram, I really do! Comedy answers....

            You need YOUR lease, and what that says about parking. Ram has made unfounded assumption about your lease. What does it say about parking? Do you have an allocated bay, or merely a right to park in a bay, or no right at all? We simply don't know.

            If you already have a solicitor involved, I'd suggest you use them rather than this forum.

            Comment


              #7
              Originally posted by thevaliant View Post
              Ram has made unfounded assumption about your lease.

              Leasholder82 wrote
              "I purchased a parking bay or say "a right to park".

              Based on the right to park, then it's not a demised parking bay, and can be changed.
              He requested a specific parking bay, meaning a designated bay was not allocated to the flat.

              Yes, post unfounded, but chances are they can move his parking space.

              We await Leasholder82's reply as to what the lease says before we allocate points.

              Comment


                #8
                If you have a letter from the development sales team confirming they agreed to provide the chosen parking space , you should show a copy to the MA and claim back the parking space. .

                Comment

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