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.
Is the car park owned by the same landlord please or someone else?
Thanks. Have you been parking there without the owners consent for more than 20 years?
Thanks. Do you know of any arrangement between your landlord and the car park owner?
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:
I note you have gone off line. Would you like to continue?
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
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
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
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.
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
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
is there anything above I can clarify for you any further?
No, I think your answer covers all aspects of this issue.
If I can assist any further as the situation develops please do not hesitate to revert to me
Many thanks & Goodbye
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.
A pleasure - good bye for now