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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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i live in a private property. i have found out that my flat

Resolved Question:

i live in a private property. i have found out that my flat and one other flat do not have parking bays. i called the council to allow me to park on the road where there is a single yellow line but they answered me "because i live in a private property they will not help, i called the developers and they said "we agree with the council however you bought the flat with no parking bay" the truth is when i bought the flat i asked about the parking bays (which was not ready at that time) the sales rep said " there is parking for every body and it is on first come first serve bases.
now me and the other flat face a dilemma.
what is the solution?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
wingrovebuyer : Hello. Are you saying that all the other flats have allocated parking bays, rather than parking being on a first come, first served basis as you were told?
Customer:

exactly

Customer:

yes

wingrovebuyer : Ok, thanks. Unfortunately, what you were told does not form part of your contract with the developer - only the written contract and lease will. If no parking bay is included in your lease, the there's not much you can do I'm afraid. However, your solicitor ought to have made enquires and reported on the
wingrovebuyer : Parking situation to you, before completion. It may be that he has been negligent, but I think you might find it difficult to prove unless you made parking a specific issue of concern with him.
Customer: Ok
Customer: so I am stuck
Customer: ok, in the lease there are visitors parking and it allowed ME to park for sixteen hours per day. They called me today and said to me that if my car or any car related to me parked in the visitors bay it means I have to be at home, not because I have visitors permit it means I can park there, although in my lease it says that I can stay for sixteen hours and it does not mention about me have to be at home.
wingrovebuyer : I think that is pretty clear - you can park for 16 hours a day, if home. Were I you, I'd just park there and see if anyone complains. However, unless you can agree a variation to the lease with the freeholder, I'm afraid there is nothing you can do about this as it is the lease terms you signed up to. Sorry! Best, ***** ***** don't forget to leave a rating.
Customer:

thank you , but can you put that in simple terms?

Customer:

can the land lord make variation to the lease?

Customer:

how much notice do i have to give to call for an emergency meeting for the share holders?

Customer:

does the managing agency have the right to decide the date and time?

Customer:

can i call the meeting to vote the only two directors out? by the way we are three directors

wingrovebuyer : Hello. I'm afraid I don't know the
wingrovebuyer : Ocedure
wingrovebuyer : Procedures for your specific company - you will need to check with the company secretary.
wingrovebuyer : The landlord can vary the lease, yes. This is what you need to ask them to do. Hope this help, please leave a rating. WB
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