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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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Hi, I wonder if someone can help me, the property management

Customer Question

Hi,
I wonder if someone can help me, the property management company of a residential development is objecting to renting out our car parking space under these clauses -

"That no part of the Property shall be used for any purpose other than as or incidental to a private dwelling in the occupation of one household only"

“Not to do or omit to be done on the Property or the Development any act matter or thing which may be or become a nuisance annoyance or disturbance or inconvenience to the Company the Management Company or the registered proprietors of the titles to any part or parts of the Development."

I cannot see how these clauses will apply to not allowing our car parking space to be rented out if we have no need of it ourselves for most of the year. Can someone give me advice on this? As I believe that as long as whomever we let the space to respects the development and residents then it shouldn't be a problem.

Thanks,
Ken
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

IF you are renting out your parkng space then you are in breahc of

LondonlawyerJ :

the clause that reads "That no part of the Property shall be used for any purpose other than as or incidental to a private dwelling in the occupation of one household only". If you use it yourself in occupation that will fit within this but to rent it out fro money is not use incidental to a private dwelling.

Customer:

but if I let someone use the space, like a friend as I don't need it that shouldn't be in breach?

LondonlawyerJ :

How did the management company find out you were/planning to do this?

Customer:

one user asked one of the residents who sits on the management board directions to the space

LondonlawyerJ :

If you are just letting a friend use it occasionally when they visit that would be fine.

Customer:

If the friend is willing to compensate for use of the space is that still ok?

LondonlawyerJ :

Did he te lthe resident he was paying you to use the car park?

Customer:

Yes, he said he booked it online

Customer:

We were not made aware there was an issue with this as there is already someone else in the development renting out their space

Customer:

it might be a friend of the person on the management board who is letting out their space

Customer:

I would have thought that as a private dwelling the owners of the car park space should be allowed to use it as they see fit even if to rent out the space?

LondonlawyerJ :

I think the position is if you are renting out your space you are breaching the clause. If the car is there often then arguing it is a friend merely visiting is unlikely to carry much weight. However, if the car was for your use (perhaps jointly with your friend) then that would be a different matter. What they can do abut you letting someone use your space whether for reward or not is a bit uncertain. There is no harm suffered by and no loss caused to the residents of the block from what you say. No claim could be launched fro damages. In theory they could seek some other sort of relief like an order for specific performance of the contract (ie to remove the offending car) but the cost of doing so would be totally disproportionate to the issue and only someone utterly obsessed and fuelled by strong dislike would do such a thing.

LondonlawyerJ and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Paragraph 015 from this government guideline appears to suggest that it is possible to rent out your private residential car parking space and is actually encouraged as long as no material changes are required, there is no nuisance caused and there are no specific planning conditions involved -


 


http://planningguidance.planningportal.gov.uk/blog/guidance/when-is-permission-required/what-is-development/

Expert:  LondonlawyerJ replied 3 years ago.
This relates to planning permission and is not relevant to your situation.

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