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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25429
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I AS A LEASE HOLDER WITH A GARAGE PURPUS BUILT IN A BLOCK NEXT

Customer Question

I AS A LEASE HOLDER WITH A GARAGE PURPUS BUILT IN A BLOCK NEXT TO MY BUILDING
AM BEING CHARGED BY THE FREEHOLDER TO PARK MY CAR IN FRONT OF MY LEASHOLD GARAGE.I HAVE ENJOYED FREE PARKING SINCE OCT 1995. CAN FREEHOLDER DO THIS
WITH OUT PLANNING POMISION FOR CHANGE OF USE TO FEE PAYING CARPARK
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.

Aston Lawyer :

Hi there

Aston Lawyer :

Thanks for your enquiry.

Aston Lawyer :

I take it that your Lease does not include the space directly in front of the garage?

Aston Lawyer :

On what basis have they said they are entitled to charge you for parking there, and do you know if they are making similar charges to other Leaseholders?

Aston Lawyer :

Thanks

Aston Lawyer :

AL

JACUSTOMER-7awszs95- :

yes to charging other leaseholders and he has engaged parkingcontrol management ltd to inforce and issue penalty notices.

JACUSTOMER-7awszs95- :

He has also sold parking spaces to a retail estate agent in a prade of shops across the road from the location in question

JACUSTOMER-7awszs95- :

no this space is not inclued the freeholder was at pains to point this out.The control company he has engaged/sold rights to was clamping vehicles and charging £190 Rlease fee piro to change in the law/

JACUSTOMER-7awszs95- :

The basis is because he can and he wants to genarate revanue from the land

JACUSTOMER-7awszs95- :

Sir what I need to knowis the freeholder acting within his wrights or just expoliting all the leasholders 90 + on the estate

JACUSTOMER-7awszs95- :

i seem to have only questions and no answers could you tell me if i am expecting an answer to quickly.


As the original planning permision for the estate would have specified adequate parking for residents/leasholders.


I contest that the freeholder cannot impose fees without change of use planning permision. Penalty notices are being put on visitors and the providers of services cars and vans(clamping befor law change) When written to with these point he emailed back that he had no intention os answering my points raised and pointed out that I HAD A GARAGE.On his exercising his freehold right to the land in front of my garage he could put anything there and I would have to take civil action to have it moved

Expert:  Nicola-mod replied 4 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 4 years ago.


ok to wait will be back on line around1900 02/05 Regards

Expert:  Nicola-mod replied 4 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Joshua replied 4 years ago.

Thanks for your question. Please kindly RATE my answer when you are satisfied

  1. May I assist you with this question?
  2. Are you familiar with the terms of your lease in so far as do you know what rights if any you as leaseholders have over the spaces that the landlord is renting out to third parties please?
Customer: replied 4 years ago.


Landlord at pains leasholder have no parking rights,


 


At entrance to estate there is a large sign Saying PRIVATE PROPERTY


RESIDENTS ONLY. Which could be taken as tasit permision to park for lease holders

Expert:  Joshua replied 4 years ago.
Thank you. The position here is two fold. If your lease does not demise the parking space to you as part of your property nor grants you rights to park there then it follows that you have no rights to do so and the landlord is entitled to put in place reasonable provisions to control and regulate parking including using a private company to issue parking tickets providing such ticket issuing operation complies with the legislation which has recently changed to ban clamping.

Your rights to park turn entirely upon your lease and this is the document that should be checked if you have not already done so to ascertain what rights if any you have to park there - from what you say you are being told you have none but it is worth checking.

In terms of the landlord using spaces to rent out to third parties this as a starting point is not unlawful subject as follows unless there are any provisions in the lease that grant you any rights over the area in question (such as a right of way) which allowing third parties to park there would interfere with. If this is the case you can ask the landlord to cease and desist and if necessary seek an injunction to prevent him doing so and costs.

However the above being said if he is renting out spaces this can constitue a change of use for the property from residential for which the landlord may need to apply for planning permission for change of use. This is a slightly grey area and council policy can differ from area to area but the general trend is the council may overlook some small scale renting out - e.g. when one occasionally rents out ones drive however the greater the operation the less likely it is to be overlooked by the council. The council's enforcement department can look at th issue for you if you decide to pursue the matter.

Does the above answer all your questions or is there anything I can clarify or help with any further?