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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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Can you put a trampoline up on a private parking space where

Resolved Question:

Can you put a trampoline up on a private parking space where you have no back garden.
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.
Can you explain your situation a little more detail please?
Customer: replied 10 months ago.
My neighbour has set up a trampoline on her parking space which is just under my baloney of my flat with is on the 2nd floor. I now cannot sit out on the baloney due to the noise. Also she does have a back garden she also has bike chain to the trampoline. She is use her parking space like a back garden. She say she clear it all will her landlord. What is the law on parking space.
Expert:  F E Smith replied 10 months ago.
Is her property and is your property leasehold? Is her landlord the leaseholder?Do both your property and her property have the same head landlord?If the property is leasehold, and the parking space is part of the lease, what is the exact wording for the use of the parking space in the lease?
Customer: replied 10 months ago.
I owner my property. She rents for her landlord.
Expert:  F E Smith replied 10 months ago.
If your property is leasehold, and her property is leasehold and she rents from the leaseholder, it is likely that there are the same provisions in both leases and that is not to cause nuisance.This is nuisance.It is nuisance in breach of covenant of the terms of the lease and it is common law nuisance.Whilst the landlord may not be bothered, he is breaching the terms of his lease in all probability by allowing this to happen but it would be necessary to look at the lease to see.You therefore have two causes of action both under the terms of the lease against the landlord for allowing it to happen and in common law nuisance against the tenant for doing it.It may be that the provision in the lease to use the parking space which is commonly used is in your leasees and that is to use the space for parking one motor vehicle only. If that is the case, it is a further breach.If speaking and writing to the tenant and the landlord has hit a brick wall then you have no alternative but to threaten court application and cost. If you instruct solicitors to deal with that, they may take more notice of the threat coming from a solicitor.Can I clarify anything for you?Please do not forget to rate the service positive. It’s an important part of the process by which experts get credit.Best wishesFES
Customer: replied 10 months ago.
I very satisfied thanks
Expert:  F E Smith replied 10 months ago.
Thank you. You appear to have pressed the wrong rating button in error as it has left negative rating. Can I trouble you to rate positive as you have said that you are very satisfied, Otherwise, I dont get paid. Thanks
F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
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