How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I have a private tenancy agreement dated from December 1979. The

Resolved Question:

I have a private tenancy agreement dated from December 1979.
The apartment block is above a car park available to the general public.
Since 1979 I have always parked here, free of charge, although there is
no charge to the public, my landlord is now trying to impose a parking fee
of £25pa.
I have documented evidence that when my landlord has approached the
fair rent office with a view to increasing rents, they have including in their list
of things supplied - Free Parking.
Do you think under, Implied Terms of a Tenancy Agreement - Custom & Practice,
that they are at liberty to apply this car park charge?
Your views would be gratefully appreciated.
Kind regards,
Michael Hadfield
Email:[email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Is the car park owned by the same landlord please or someone else?

Customer:

Someone else

Joshua :

Thanks. Have you been parking there without the owners consent for more than 20 years?

Customer:

Yes

Joshua :

Thanks. Do you know of any arrangement between your landlord and the car park owner?

Customer:

No

Joshua :

thank you. There would appear to be two components to this. There is the question as to whether you have any rights in respect of the car park as against the car parks owner and there is the question of the appropriate level of rent for your properties landlord to charge in view of the fact that he does not have ownership of a car parking space and therefore cannot include a right to free parking within your tenancy:

Joshua :

I note you have gone off line. Would you like to continue?

Customer:

Yes

Customer:

So, in your opion, I must accept the new car park fee, despite the fact that I have been parking here since my tenancy's

Customer:

inception?

Joshua :

there appeared to me to be two components. First of all with regards XXXXX XXXXX car park owner, if you can demonstrate that you have been parking in his car park without his consent and without secrecy for 20 years or more then you may have a right to park in his car park as of right without charge

Joshua :

If he had erected signs providing for free parking then this would prevent you from claiming a right to because he would argue that you have parked there with his consent as evidenced by his signs offering free parking. However, if no signs were present or you have simply ignored signs stating no parking for example and you can demonstrate that you have done so as above for 20 or more years, you can seek to register a prescriptive right to park in his car park at the land Registry

Joshua :

if you cannot establish a right to parking his car park using the above means, then as the land owner, he is entitled to impose charges to park there or indeed simply refuse permission to park there at all. in either of these cases, this would be relevant in respect of fair rent assessment for your tenancy if the rent has previously been assessed on the basis of provision of free parking.

Joshua :

In any event, you can argue that your landlord has no right to provide any form of parking and accordingly parking should not be taken into account with regards XXXXX XXXXX assessment and accordingly argue that the rent should be revised downwards or any future increase limited to reflect the fact that the landlord cannot include parking provision in the tenancy

Joshua :

Ideally such a downward revision or limited increase would offset and charges you are forced to pay for parking if you cannot establish a prescriptive right to continue to park in the car park as you have done to date

Joshua :

is there anything above I can clarify for you any further?

Customer:

No, I think your answer covers all aspects of this issue.

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Customer:

Many thanks & Goodbye

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua :

A pleasure - good bye for now

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice