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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5431
Experience:  Solicitor
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I live in a gated property with a parking lot. They have

Customer Question

I live in a gated property with a parking lot. They have recently changed rules to allow only those with a parking space inside the gate a vehicle entry key fob. I am not a car owner and I do not have parking space but I would occasionally like to unload heavy items using a car club. At the moment i am only allowed to do so in the hours that the lot security is on site which is not 24 hour or 7 days a week. Do I have a legal right to be able to reasonably reach my property when necessary by the parking lot? I also have arthritis and am not able to walk and carry heavy items very far.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What does your lease/agreement say about whether you are entitled to park at all, or have access to the car park?

Customer: replied 1 year ago.
My lease does not make reference to the car park. It does have a clause which states The property is sold and will transferred subject to "all rights of way water light air and other rights easements quasi easements liabilities and public rights whatsoever and any lability to repair or to contribute to the repair of roads passages sewers drains fences or other like matters and to all encumbrances of whatever nature
Expert:  Jamie-Law replied 1 year ago.

then it's sad news I am afraid, if you do not have a parking bay allocated and do not have a car, then you are not entitled to a key fob as of right,

If you need to use the gate then you can have one for this purpose from redemption or landlord.

But you are not entitled to one by law.

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.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
is that based on the section of the contract I sent?
Expert:  Jamie-Law replied 1 year ago.

Indeed.
Does that clarify?

Customer: replied 1 year ago.
Also what do you mean by if I need to use the gate i can have one from redemption or landlord?
Expert:  Jamie-Law replied 1 year ago.

Correct, if you need to use the gate you can ask to use a fob

Does that clarify?