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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25411
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a leasehold in a block which is shops below, and then

Resolved Question:

I have a leasehold in a block which is shops below, and then residential flats above. At the rear of the property is parking, which although for the flats, is not marked out or allocated. We have an on going issue with the charity shop downstairs which has placed one of it's collection bins in one of the parking spaces and is gradually taking over more and more of the space with general clutter from furniture to boxes. It is really unslightly and it has been broken into twice. This is all on private land, which they should not be using. We have spoken to the shop before but they refuse to move it - what can we do? Our management company is more than useless, and it's a different leaseholder. Can we legally move the bin and put it in front of their shop?!
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I confirm that in your lease you have a right to park in the spaces (albeit not individually allocated) where they are placing rubbish please?

Joshua :

To your knowledge is your landlord the same landlord for the shop in question?

Customer:

Hi there,

Joshua :

Hello. I trust you can see my above posts?

Customer:

They are placing the rubbish in a large bin, which is now in the parking space as they have built a shed for storage where the rubbish should go. Their landlord is different to ours, it is a St Peter's Hospice shop and the guy who is the freeholder is on the board of St Peters Hospice. It's sounds awful as it's a charity, but they are also a business and making our lives very difficult. The woman in the shop is awful, she just shouts at anyone who challenges them about it!

Customer:

Sorry, yes, the flat comes with a parking space

Customer:

I can send a picture if there is anyway to do that?

Joshua :

Thanks. That's fine. May I clarify have they built a shed on part of the area that you have a right to park on or is that in another area?

Customer:

The shed is built on their 'land'. It's the charity collection bin, like you see in supermarkets, and all the other gubbins that is in the space.

Joshua :

Thanks. Finally have you discussed the issue with other flat owners? If so are they keen to take action as well if possible?

Customer:

I don't think anyone wants to take legal action, we can't afford that, it is just what can we do legally to get them to move it? Can we get it moved ourselves? We are all happy to get this sorted out.

Customer:

We have an ongoing issue with other people just parking there, so are looking at getting in parking enforcement to cover the area, and also get the spaces marked out.

Joshua :

Thanks. If you have a right to park in any part of the area that they are using to store goods or detritus etc then you can serve on the charity concerned a notice setting out that you have a right to park in the area [detailing extent of area on plan if possible] and requiring that the cease and desist storing any items on that land within 5 days and remove existing items within the same time frame failing which you reserve your right to 1) seek an injunction and costs in relation to their activities 2) seek damages for loss of amenity in relation to your property 3) report the matter as a statutory nuisance to the local authority; you can ask that they provide you with an undertaking to do as above within say 5 days failing which you make take the above actions without further reference to them

Joshua :

You can apply for an injunction to require them to cease and desist using form N16A

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Joshua :

You can report the matter to the local authority's environmental department as a statutory nuisance and they may be willing to investigate and serve an abatement notice if they find they are causing a nuisance.

Joshua :

In addition you can seek damages for loss of amenity

Joshua :

You will need ideally photographic evidence together with dates and times you took the pictures by way of evidence of their actions particularly if seeking an injunction.

Joshua :

Is there anything above I can clarify for you?

Customer:

Wow, that all sounds very serious, thanks for your help! Also, while you are here : ) are we, the people who have the parking spaces, in our rights to enforce clamping etc, or get someone else to do it on our part?

Joshua :

Unfortunately not is you only have a right to park there. If you had an "exclusive right" or the land was actually demised to you in your lease you could operate a ticketing operation (private clamping has now been outlawed). Otherwise it would be for the landlord to enforce this.

Joshua :

Is there anything else I can help you with?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

Sorry I am at work so get interrupted! The injunction etc, will that cost use anything to register or can we just fill in the form and give it to them?

Customer:

So could our landlord appoint someone to monitor the parking?

Joshua :

No problem.. An injunction does incur an application fee of £155 and if the other party were to defend the application (though I cannot see what defence they could raise providing you have evidence of the obstruction) there could be further legal costs if you needed representation. However costs can be claimed against the other party if successful.

Joshua :

Your landlord could. There are many self issue schemes about that could be considered

Customer:

Ok, that's good to know. If we go through with the injunction and they ignore it, just it then just start getting expensive and going to court etc?

Joshua :

For example: http://issueparkingcharges.co.uk/

Joshua :

They cannot ignore a court injunction. Custody can result in ignoring an injunction so it is not an option.

Customer:

fantastic, thanks so much for your help, will definitely use this again!

Joshua :

A pleasure. Good luck with resolving the matter. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Nope that is all for today, I'm off to upset all the people who park in our spaces, the joy of leasehold!

Joshua :

Best wishes

Joshua and other Property Law Specialists are ready to help you

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