possible landlord breach of contract

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  • possible landlord breach of contract

    HI all,

    i wonder if you could help me.

    I have a six month lease which expires end Jan 2010. My agreement states that the property rental includes 2 x parking spaces in the underground parking bay and these 2 spaces are numbered in the agreement.

    I have found out today that the landlord has sold the 2 spaces to another flat and obviously i think this is a breach of contract but am unsure what to do.

    Can any advise me please.

    Thanks
    Angi

  • #2
    1. If your L owned flat + parking spaces, he/she is probably a leaseholder.
    2. You have an AST of whatever L sub-let to you: presumably the flat + parking spaces.
    3. L's sale-off of parking spaces changes nothing in your AST; it is not a breach of it, either, although perhaps L is in breach of the long lease (if that contains a prohibition of selling-off part only of what the lease demised).
    4. L's purchaser (P) takes subject to your AST, just as if L had sold flat + parking spaces together.
    5. The position is therefore that:
    a. L is still landlord of your flat; but
    b. P is landlord of your parking spaces.

    Don't panic!
    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
      many thanks.

      the problem is that the new owner is now using the spaces - so we cannot park our cars as we used to ...... any advice here please?

      Comment


      • #4
        New L is trespassing. That is a clear breach of the AST and you might send a Letter before Action to threaten proceedings at his/her cost.
        Be clear. Old L could not sell the parking spaces with vacant possession- only as subject to your AST.
        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
          trespassing... and interrupting your quiet enjoyment of the demised spaces.

          Question to Jeffrey:

          Is the demise within the AST (i.e. accommodation + spaces) severable in the way you describe?

          In any event, it is likely the initial "LL" of the spaces was not a leaseholder of those spaces but had leasehold easement rights (or license) over them.if so, effectively these rights must have been (sub-)licensed to T in the AST for the term not let. Might this modify the position?

          Comment


          • #6
            Originally posted by dominic View Post
            Is the demise within the AST (i.e. accommodation + spaces) severable in the way you describe?
            Yes, except in the unheard-of case of L contractually agreeing with T not to do so.

            Originally posted by dominic View Post
            In any event, it is likely the initial "LL" of the spaces was not a leaseholder of those spaces but had leasehold easement rights (or license) over them.if so, effectively these rights must have been (sub-)licensed to T in the AST for the term not let. Might this modify the position?
            We do not know:
            a. L's status (freeholder of block? long-leaseholder of flat?); nor
            b. the nature of L's interest in respect of the parking spaces.
            If OP (flangiperrin) tells us, we can then comment.
            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


            • #7
              hi again

              i can confirm that the flat is owned by the landlord adn so are the parking spaces. There is a management company in charge of the building etc but each flat is owned by a person / persons out right.

              Does this help ?

              Comment


              • #8
                No. Was your AST granted by:
                a. long-leaseholder of flat + spaces;
                b. long-leaseholder of flat only, who had rights to use spaces [see post #5's second half]; or
                c. freeholder of whole block?
                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

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