Separate Licence for Car Park Space

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    Separate Licence for Car Park Space

    Can any one point me in the right direction? I would like to create a separate Licence agreement to give parking rights to prospective tenants , which is completely independent to the AST contract. Such a license would allow me to possibly withdraw the parking based on reasonable notice etc. Is this possible? and if so, where/or whom do I go to get such an agreement drawn up? If I am relying on either a letting agency standard AST contract or my own (via National Landlords Assocation) do I need to have the terms amended to state that the AST does not cover carparking or some reference to the licence?

    I know the above amounts to asking for free legal advice but if anyone can let me know if it is possible , I am more than happy to get in contact and pay for sound advice? At this stage not sure whom best to approach.

    I am trying to protect my position in the future should there be issues with tenants, without affecting their rights to enjoyment etc of the apartment, and wondering if there might be a solution here?

    Regards

    Andrew

    #2
    License

    The concept of creating a license (right to use) as opposed to a tenancy (giving legal title in the land) is fraught with difficulties and there's much case law on it.
    Just because you might call an agreement a licence does not, in law, mean that it is one - it's the situation that matters.
    I would say you need advice from a specialist property solicitor - see our Directory: Solicitors and Legal.

    Comment


      #3
      Car Parking Licence

      Many thanks. I will definately seek professional legal advise on this matter.

      Regards
      Andrew

      Comment


        #4
        I would have thought that you could have built such a clause into the AST with the condition that you withhold the right to use.
        K

        Comment


          #5
          Originally posted by kfarmah View Post
          I would have thought that you could have built such a clause into the AST with the condition that you withhold the right to use.
          K
          No. Either one lets or one doesn't; how do you imagine a clause could let it but give L the right to withhold?
          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


            #6
            Originally posted by jeffrey View Post
            No. Either one lets or one doesn't; how do you imagine a clause could let it but give L the right to withhold?
            I don't know exactly but maybe something like:

            The LL withholds the right to refuse use of car parking space, consent not to be unreasonably withheld... or something.

            Comment


              #7
              Originally posted by kfarmah View Post
              I don't know exactly but maybe something like:

              The LL withholds the right to refuse use of car parking space, consent not to be unreasonably withheld... or something.
              Sorry but that still doesn't make sense: is it let or is it not? How can one let and then withhold?
              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
                Originally posted by jeffrey View Post
                Sorry but that still doesn't make sense: is it let or is it not? How can one let and then withhold?
                How about if it was not let without in the first instance, ie explicitly excluded with something like 'with written consent of the LL' added?

                (I personally think its a lot simpler to include the space with the Tenancy)...

                Comment


                  #9
                  Originally posted by kfarmah View Post
                  How about if it was not let without in the first instance, ie explicitly excluded with something like 'with written consent of the LL' added?

                  (I personally think its a lot simpler to include the space with the Tenancy)...
                  Still tosh!
                  Only way is to have two separate Agreements: AST for flat, and common-law contractual grant for the parking.
                  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 jeffrey View Post
                    Still tosh!
                    Was worth a try !

                    Comment


                      #11
                      kfarmah- how much do you actually know about conveyancing, please?
                      Also, see the original post: turnera wants a separate letting document, doesn't he?
                      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


                        #12
                        Originally posted by jeffrey View Post
                        kfarmah- how much do you actually know about conveyancing, please?
                        Also, see the original post: turnera wants a separate letting document, doesn't he?
                        I concede, nowhere near as much (if at all anything) as you my friend, I am going through a learning curve myself !

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