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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a leasehold property in 2011 to run my business from.

Resolved Question:

I bought a leasehold property in 2011 to run my business from. At the time of the sale the freeholder stated that there was limited parking for business purposes in the courtyard for the benefit of the business owners and that provided they were free we could use them. In more recent times tenants from the flats surrounding the small business park have been using the courtyard to park and the landlord wishes to stop them by employing a Private Parking Company to issue tickets if a vehicle is parked for more than 15 minutes. This means out business visitors are not able to park nor myself or staff when previously we had been given permission by the private landlord. has the landlord the right to withdraw a verbal agreement made when we were first in negotiates to purchase the property?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is it in your lease about parking please?
Customer:

There is no mention of parking in the lease. The only mention in the lease is access to the business including vehicle access for loading and unloading. the agreement was verbal when we were negotiating the deal and we have been paying as part of the service charge a fee for the local NCP (approximately £1240 pa) but have yet to receive a pass to use it despite numerous requests. In the past we didn't need to as we could park directly outside our office and so could our business visitors. We have been told we can purchase a permit to park for a similar fee but we will still have to pay the NCP charge whether we use it or not.. This all seems unreasonable to me and is very different to what we have been led to understand for the last 3 years. Our service charge is currently £4,500pa to cover the landlords costs for the courtyard. we pay additional costs for any expenditure on our business premises.

Alex Watts : Do they say the verbal agreement did not happen please?
Customer:

No, just its not in the lease and therefore they can change the arrangements.

Alex Watts : I see, so apart from the oral agreement there is no other evidence?
Customer: No except for three and a half years we have been able to park without restriction as per the verbal agreement.
Alex Watts : It's bad news I am afriad.
Alex Watts : Unless it is in your lease, or they accept there was a verbal agreement you are stuck.
Alex Watts : You have a lease which is a contract that sets out your rights.
Alex Watts : This does not Include this parking.
Alex Watts : You can then only rely on the oral agreement.
Alex Watts : Unless you have evicence of this, they can say well its not in your lease.
Alex Watts : Therefore unless they honour that verbal agreement I am sorry to say you are stuck with the lease that makes no mention of parking.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : But if there were witnesses to the agreement then you may be able to use that.
Alex Watts : Can I clarify anything for you about this today please?
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