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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We have provided parking spaces on our land tenant's

Resolved Question:

We have provided parking spaces on our land for a tenant's business (e.g. employees, customers, the tenant's vehicles) but now find that his tenants (he lets an annexe on long-term contract) next door to us park their vehicles and their visitors vehicles.
Because our lease does does not stipulate restricted parking, we are wondering whether thee could be a common property law provision to prevent people parking on private land without permission. We have tried to discuss the problem and have written to our tenant/neighbour without success. They seem to rely on custom and practice to continue this abuse.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear does the lease say on what basis and who can use the spaces.?
Customer: replied 1 year ago.
The lease does not specify any restriction on the parking but the original Planning Application for the Business Premises stipulated parking for at least 5 vehicles. We have always considered this to be for business use. Any other parking in what is our garden (although part is leased together with a workshop and showroom to the blacksmith tenant) seems an infringement.
Expert:  Ash replied 1 year ago.
It's bad news then I am afraid. As a matter of contract you should have specified what the spaces could be used for and by whom. As you did not the tenant is not in breach of any contractual provision of the lease. There may be a planning issue possibly but that it between the council and your tenant.
Sadly there is no law stopping them. You could issue proceedings and seek an injunction stopping them using the parking spaces for those other Than intended but then you would need to direct a judge to what they are in breach of.
I am sorry if this is not the answer you are after and certainly not the one I want to give you but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
This is as I suspected. However, a new lease is due to be drawn up and we think the new owner will negotiate this after exchange of contracts within the next few weeks. Presumably, because of the casual parking experienced, a restrictive condition could be inserted into the new lease that would make it a breach of the tenant's covenant that potentially could lead to a notice. The new owners have raised their concerns so we are trying to see how to leave a tolerable situation.
Customer: replied 1 year ago.
Apart from making restrictions within a new lease, is there a civil law approach whereby any parking (on this property) is under license, subject to prior permission and possible withdrawal of that permission.
Expert:  Ash replied 1 year ago.
Sadly not. It needs to be in the lease.
Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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