Property Law
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Hello. I am a solicitor with over 15 years experience. I will try to help you with this.
IF you are renting out your parkng space then you are in breahc of
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.
but if I let someone use the space, like a friend as I don't need it that shouldn't be in breach?
How did the management company find out you were/planning to do this?
one user asked one of the residents who sits on the management board directions to the space
If you are just letting a friend use it occasionally when they visit that would be fine.
If the friend is willing to compensate for use of the space is that still ok?
Did he te lthe resident he was paying you to use the car park?
Yes, he said he booked it online
We were not made aware there was an issue with this as there is already someone else in the development renting out their space
it might be a friend of the person on the management board who is letting out their space
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?
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.
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/