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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in a close that has a private road and is maintained

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i live in a close that has a private road and is maintained by a management company, which the residents association pay for. I am a tenant in the property which has two allocated and numbered spaces, one in front and one numbered space in one of the corner overflow car parks. The management company has told me i have to remove my car, which is parked correctly within the designated second space, due to its condition and is 'bringing down the overall look' of the area.
Do they have a right to do that? do I not have a right to live and choose my material possessions ie car as i see fit? (human right to privacy etc) Surely this borders on bullying/peer pressure?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if you rent or own the property please - the word tenant can mean both a renting individual and a leasehold owner which is why I ask?
  2. If you rent do you have access to your tenancy agreement?
  3. If you own, do you have access to your lease?
Customer: replied 2 years ago.

Hi - I rent the property. (They are freehold terreaced houses).

Expert:  Joshua replied 2 years ago.
Thank you very much. The freeholder is bound by the terms of any covenants which effect his property. Such covenants may include a provision regulating the type of ehicle that is parked on communal land. Such provisions can exist but are not overly common on freehold properties. Where they do they will typically provide that the vehicle may for example not be a commercial vehicle but rather a private motor vehicle and sometimes can provide that the vehicle is properly taxed and properly maintained. I have never seen a provision that provides that one cannot park a car older than a certain age though it is not impossible that such a provision could be imposed. In any event the management company may only take action against the owner of the property (it has no direct relationship with you) if there is a binding covenant in the title so in the first instance you could ask them to supply evidence of such a covenant in order to show they have grounds for taking issue with the car. If there is none then there is nothing they can do.If there is such a provision then it still does not affect you as you are bound by the terms and conditions of your tenancy agreement rather than the freehold covenants we discussed above. If there is such a covenant, the only way you would be directly bound by it is if your tenancy agreement contains a provision that you agree to obey all of the covenants imposed on the property in the title. If there is no such provision, you are not bound by any of the freehold covenants and unless you are breaching the tenancy agreement in respect of parking your car where you do, which I suspect is not the case, all the owner could do if he were compelled to buy the management company is seek to evict once your tenancy agreement has expired. if you are concerned this is a possibility, you may wish to discuss the matter with the landlord. I suspect his view will be that providing you are paying rent on time, you will have very little interest in what kind of car you park at the property if he's not living nearby.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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